Judiciary, Legislature lock horns

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New Delhi: The judiciary and the legislature may be heading for a showdown. The fight maybe over the Constitution’s Ninth Schedule which prevents courts from challenging laws passed by the legislature.

The Chief Justice of India, Y K Sabharwal, has set up a nine-judge Constitution bench to study whether the political class can overrule or bypass the Supreme Court and make laws that violate the fundamental rights of citizens.

Currently, any law made by the legislature under the Ninth Schedule is beyond judicial review. The constitution bench will determine whether it’s possible to bring even these laws under judicial scrutiny.

Sabharwal’s decision has upset many politicians. “Cabinet can do what Cabinet is empowered by the Constitution of India and the executive powers. The Supreme Court has also the right to interpret the laws,” said Parliamentary Affairs Minister Priyaranjan Dasmunsi.

Only land reform laws were supposed to be included in the Ninth Schedule, but in the recent times many state governments have included several controversial legislations.

The Tamil Nadu Reservation Act, which pegs reservations for SC/STs and OBCs at 69 per cent, and the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act are some examples.

“If a law violates any of the fundamental rights, then it has to go,” says senior advocate R K Jain.

The committee has been formed months after Lok Sabha Speaker Somnath Chatterjee refused to reply to a Supreme Court notice regarding the expulsion of 10 MPs in the cash-for-query controversy. “The have a Lakshman Rekha (limit) and we have a Lakshman Rekha, he had said then.

The Chief Justice’s decision to form the committee could well turn out to be the latest flash point between the government and the judiciary.