Laws in Ninth Schedule open to judicial review: SC Thursday, January 11, 2007 01:18 [IST]
New Delhi: In a
significant ruling, the Supreme Court today (Jan 11,2007) said the laws
included in the Ninth Schedule of the Constitution after April 24, 1973 were
open to judicial review.
In an unanimous verdict, a nine-judge Constitution Bench headed by Chief
Justice Y K Sabharwal held that legislations did not get protection of the
Ninth Schedule, if they were violative of the basic structure of the
Constitution.
Laws placed under Ninth Schedule after April 24, 1973 shall be open to
challenge in court if they violated fundamental rights guaranteed under Article
14, 19, 20 and 21 of the Constitution, the bench said.
If laws put in the Ninth Schedule abridge or abrogate fundamental rights
resulting into violation of the basic structure of the Constitution, such laws
have to be invalidated, it said.
The verdict is expected to have far-reaching implications on various issues,
including the reservation policy of the Centre and the various State Governments.
The Bench had on November 3 reserved its verdict after hearing the arguments of
the Government, constitutional experts on a PIL challenging the actions of
Government to make laws beyond the review powers of the courts.
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