Supreme Court will start hearing on Monday on whether governments could circumvent its ruling by enacting a law and passing it under the ninth schedule column.
Soon there would be uproar over a judicial pronouncement by a nine-judge Bench of the Supreme Court that starts hearing on Monday on whether governments could circumvent its ruling by enacting a law and passing it under the ninth schedule column. This schedule, under Article 31-B, is aimed at protecting reformatory laws to achieve the object of social justice and equality.
Post-independence land reforms, abolition of privy purses and nationalisation of banks and coal mines had suffered judicial interventions and Parliament enacted this Article that takes away the court's power to review the enactments by ninth schedule's protection.
Even though the court had held in the Mandal case judgment that maximum 50 per cent reservation is permissible, the Tamil Nadu government allowed a whopping 69 per cent for SCs and STs saying they are the dominant populace of the state. When the court ordered the Punjab government to release river Satluj water to neighbouring Haryana, Amarinder Singh government unanimously enacted a law thwarting the mandate.
Around the time when elections are round the corner in a few states, efforts have been made by ruling parties to extensively use the ninth schedule umbrella to woo the electorate. Sealing of unauthorised shops in Delhi and closure of many polluting industries around the country are awaiting a political redressal. The court has already ordered them to wind up. It repeatedly held that the judiciary is the basic feature of the Constitution. In other words, any enactment that deprives a close judicial scrutiny is unconstitutional. That’s necessary for the sake of transparency and extensive circumspection of the lawmakers’ motive behind putting certain enactments under this privileged Constitutional clause.
Not only an aggrieved government but also a cola giant has told the SC that it ought not to tread on the executive domain. Its argument may be considered soon.
The Parliament didn't respond to the apex court notice on the petitions by some MPs who were sacked by a parliamentary committee for accepting money for raising query in the House. The government has decided to enact a law to monitor the sting operations.
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