A Day of Historic Judgment

by Seema Jyotishi

Jan 12, 2007

On Thursday Supreme Court of India passed a landmark judgment. A nine-judge Constitution Bench of the Supreme Court headed by Chief Justice Y. K. Sabarwal, took an unanimous decision and declared that laws put into the 9th Schedule are open to judicial review.

The 9th Schedule in the Constitution was created by an amendment in 1951 by former Prime Minister Jawaharlal Nehru to push land reforms. It enabled our Parliament to frame laws which could not be scrutinize or overturn by courts. Initially there were only 13 laws in it but after 1973, successive governments started including other laws. Presently, there are 284 laws that invoke protection under the 9th Schedule.

With this judgment, laws placed under 9th Schedule after April 24, 1973, shall be open to challenge in court if they violate the fundamental rights guaranteed under Article 14, 19, 20 and 21 of the Constitution. In its judgment, the apex court said that if the law put in the 9th Schedule abridges or abrogates fundamental rights resulting into violation of the basic structure of the Constitution, such laws have to be invalidated.

This verdict is very important and is expected to have far-reaching implications on various issues, specially the reservation policy of the Centre and the various state governments who have taken advantage to fulfill their vote banks. But only time will tell the real benefits of this decision.

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