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Home > News > Report

'SC ruling will stop populist laws'

January 12, 2007 19:57 IST

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More: SC judgment on Ninth Schedule

In a landmark verdict, the Supreme Court has ruled that laws placed under the Constitution's Ninth Schedule after April 24, 1973, providing immunity from legal challenges are subject to scrutiny of courts if they violated fundamental rights.

The ruling evoked mixed reactions from political parties. While the government said there was no confrontation, and the Bharatiya Janata Party welcomed it, some others like Communist Party of India and Pattali Makkal Katchi expressed concern over it. Noted Supreme Court lawyer Indira Jaising also wrote a column expaling what the judgment means.

Here is what rediff readers felt about the apex court verdict:

It is unfortunate that our politicians do not understand the difference between the Parliament and the constitution, the difference between the people and their servants including the greatest politicians. They (the politicians) particularly those from the south, seem to be under the impression that that they are supreme and that the Parliament and he legislature are supreme and above everything else in this country. This is totally wrong.

Raghavan Kesavan

The Supreme Court is right in holding that the legislations included in the 9th schedule can be subjected to judicial review. This puts an end to populous legislations made with an intention of political gain. This also stops misuse of 9th schedule.

Ramakrishna Kulkarni

The judgment that is under discussion is based on the limited premises on which ninth schedule became an escape route for political adventurism or political over activism in those years. Those limited premises, now, seem to eat into the protective boundaries that then were created to protect. Will of the people alone and not a piece of legislature by parliament or even interpretation of Constitutional features, even if it be a unanimous judgment of the nine bench supreme court, can be the supreme basis for the declaration of our identity!!

George Kollashany

Some laws were made and Indian society was divided on caste lines� and now HOMES are being divided and broken for political gains� Honourable courts, we only have you to look up to... simple and common people will now have their homes shattered up just because of some laws..

Pallav Beri

Seriously, what I believe is that in our culture, the citizens do not differentiate one another from their castes, religions, and class. We do have friends that might be Hindus, Muslims, SC, OBCs, and so on. Do we not talk to them just because of that? I think that things like SCs, OBCs, should be removed and no reservations should be made. It states clearly in our constitution that all men are made equal. Then why is the government creating Inequality by imposing Laws like the Reservations which in the 21st Century have no meanings but just sufferings for all the innocent and hard working citizens of this country.

Chhagan Bhujbad

The Supreme Court is the only the TRUE Guardian of Fundamental Rights keeping in view all citizens of India. As it has been said by many that these politicians stand in power after mutual acceptance of some personal wishes to be fulfilled like the reservations invoked by DMK etc. The Apex court has rightly slapped the Parliament not to take such partial views and make them as a ACT. My salute to the Supreme Court.

Satish Sripada

I do not thing this will have much impact on the politicians if that is what SC is trying to achieve. Now they will make sure that the CJI appointed is just a rubber stamp. For politicians there is always a solution. That is why they are politicians. In democracy, it is up to the people whom to vote, to really make India the world's most favorable destination to live. People need to come out of their caste, class, religion mindset so that such things would never happen.

Prashant Bhalesain

Once again the SC has shown that the constitution is supreme and not the legislators who come to power through the so called majority based on case and vote bank politics. It is hopped that many NGOs would petition the SC to get the innocent common citizen of this country out of the clutches of the draconic and self centered laws passed by the Centre as well as the state government sunder the cloak of 9th Schedule. I salute the nine judges headed by Justice Y K Sabharwal.

Rajagopal Harihara

The Supreme Court has once again delivered a far reaching judgment curtailing the rights of politicians to enact laws infringing upon the fundamental rights of the citizens. But I would like to know whether parliament can bypass this judgment by passing further enactment to this effect.
The Supreme Court would become above blame if they subject themselves to scrutiny, which they have refused to so far. In this regard, the new Chief Justice designate has suggested that he does not mind being subjected to scrutiny. This would be a great step for the apex court.

Aravind Bharathan

The SC has done yeoman service to our democracy by its judgment.
Over the years, there has been a steady degradation in the quality of the debates as well as those entering as Members of the Parliament.
It is important that the parliament considers its duty to revisit the old outdated and useless laws after subjecting them to a judicial review. Such useless laws are a nuisance as they provide a handle to the executive to harass hapless citizens.
It is time that one of the clauses of the constitution be amended to automatically kill useless laws.

Ravi Prakash

I salute to the Hon'ble judges of Supreme Court on this decision, which is a wake up call for politicians not to divide society by giving all sorts of reservations.

Hargopal Rao

In last few years judicial system has given few landmark judgments in common man's favor. Due to such judgments, we still believe in this society. A great step forward!!!

Hrishi Rajpathak

Kudos to the Supreme Court of India! It is only because of the judicial system, the common man still has some sense of security in the nation. It is high time the politicians realised that the judicial system and people are not puppets in their hands.

Sivakumar Sethupathi

As a student of Law, I have been wondered why Supreme Court was silent on the validity of the laws, that have created deep division, included in the 9the schedule. Barring the laws included by the fathers of the constitution, all other laws somehow have a tinge of political, caste bias. With this historical judgment, supreme court of India guaranteed the fundamental rights. It is to underline, just a day before the political pundits of the country were celebrating the judgment on Cast-for-query scandal, now Supreme Court has ended its self imposed restriction on the validity of the laws that were included in 9th schedule. Kudos to Supreme Court. 

Gajula Rama Murthy

This is the best gift that Supreme Court has given to the people of India in the new year. This will save the people from all kind of nonsense that was going on in the name of social needs. It would be great if three more things SC does for people of India, without bothering for comments of activism from the vested interests; First, come with its full might in purging Indian polity of criminality, before criminals take over the systems, which has been happening slowly over a period of time. Second, come heavily on corruption, especially in higher echelons. And third, put its full might in reforming the judicial system, before public looses the remaining faith in this last citadel of the democracy. Vested interest may oppose and impute all kind of motives, but the public and the media will be solidly behind the SC on all this.

Jyoti Prasad Painuly

I must say a very good verdict by SC. Surely it gets the much required reservation policy in ambit of review. It is the clear cut policy of being against the right to equality which is a fundamental right provided by the constitution to all citizens of India and still being used via loop holes.

Abhijeet Medhekar

We should not see the judgment from the perspective of reservations but our law makers are enacting some unjustifiable laws and keeping them under 9th schedule and they don't like to be questioned by anybody for their foolish provisions. If their motive results in affecting fundamental rights of citizens, these law makers will be challenged with this judgment.

Jayaprakash Ravella

Yes, indeed, it is a landmark judgment. The vote bank politics can now be questioned in the courts. Our President and Prime Minister have been incessantly lamenting over the so-called "brain drain". What else are the upper caste people supposed to do? Beg in the streets? Now, the politicians want reservation to be implemented in the private sector also. Even the creamy layer of the backward classes comes under reservation! India should be declared as the country reserved for the SC/ST/OBC.

Eswar Eswar

It certainly is an important judgment but one should not entertain much hope because of this. It is certainly possible for the parliament to enact a new law barring Supreme Court to pass such verdicts! Any person who thinks that politicians will not try to achieve their own ends by some other means should be naive!

BAIRAVASUBRAMANIAN RAMANAN




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