Click to play videoNew Delhi: The legal fraternity has hailed the landmark judgement of the Supreme Court bringing under judicial review the laws included in the Ninth Schedule of Constitution after April 24, 1973.
Supreme Court lawyer ML Lahoty termed it the most important judgement in the last 60 years. "It is the most important decision of the Supreme Court in the last 60 years. The core of the verdict is whatever Parliament passes, judicial review is sustained," Lahoty said.
Former attorney general Soli Sorabjee dismissed apprehensions that the verdict is going to open a Pandora's box. Hours after a nine-judge Constitutional Bench, headed by Chief Justice Y K Sabharwal, delivered its verdict on the controversial issue, Sorabjee said "the verdict only reaffirms Fundamental Rights." He ruled out any possibility of a Judiciary-Legislature confrontation over the issue,
Union Law Minister Hansraj Bharadwaj also hailed the verdict, saying the decision of the court has upheld the basic principle of the Ninth Schedule. "Today's judgement is a continuity of yesterday's SC judgement (which had upheld the power of Parliament to expel 11 MPs.) The court has upheld the basic principle of Ninth Schedule and also preserved the principle of judicial review," he said.
Bharadwaj ruled out any possibility of confrontation between the two pillars of democracy. "There is no question of confrontation between two institutions of democracy as every institution is working under demarcated spheres," he said.
Legal experts say that laws put under the Ninth Schedule after April 24, 1973 now do not get full immunity from judicial review. "Any Act that has been made under the Ninth Schedule after April 24, 1973 does not get absolute immunity, but will be examined to see whether it takes away from the basic structure of the Constitution," the lawyer for the Union Government , TR Andhyarujina, said.
BJP spokesman Ravi Shankar Prasad said that the basic structure is an integral part of the Constitution and judicial review is a basic part of the structure. “So we welcome the decision. Ninth Schedule should not become a shelter place where laws, however draconian, can be put,” he said.
Congress leader and Supreme Court advocate Abhishek Manu Singhvi said the decision is not new. "The basic structure of the Constitution is supreme Every law that has been put in the Ninth Schedule is not suspect and is not violative of the basic structure. There is nothing in the judgement that can be called confrontationist," he observes.
Constitutional expert Subhash Kashyap says under the Constitution, the Supreme Court has the power of judicial review and it is doing its duty. "The SC is only doing its duty and Parliament is doing its. So long as they remain within their limits, there is no problem. The SC has the power of judicial review under the Constitution. If any attempt is made to evade judicial review by putting a large number of 284 Acts under the Ninth Schedule saying they are immune to judicial review, that is a dishonest way of doing things under the Constitution," he said.
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