The Supreme Court judgement on Ninth Schedule of the Constitution Thursday evoked mixed reaction from different political parties with the Bharatiya Janata Party welcoming the observation. Law Minister Hansraj Bhardwaj said that after the apex court judgement, every Government should think twice before putting any law under the Schedule.
"This is a continuation of yesterday’s judgement and the power of judicial review has been upheld. If any law violates the basic structure of the Constitution or goes against the fundamental rights, it can be struck down," Bhardwaj said.
Hailing the apex court judgement, senior BJP leader and MP Vijay Kumar Malhotra said that the verdict would certainly end the vote bank politics, so vigorously pursued by the UPA Government. "The BJP welcomes the Supreme Court’s decision. It will ensure that no issue is left out of judicial purview due to vote-bank politics," Malhotra, BJP Parliamentary party spokesman, said. Congress spokesperson Abhishek Manu Singhvi said that the judgement could not be seen as a confrontation with Parliament. The Ninth Schedule was created by an amendment in 1951 by former Prime Minister Jawaharlal Nehru to push the land reforms. There were only 13 laws in the Schedule initially. After 1973, successive Governments at the Centre started including other laws. At present, there are 284 laws that invoke protection under the Schedule. The apex court’s verdict on Thursday is expected to have far-reaching implications on various issues, including the reservation policy of the Centre and the various State Governments. The judgement has come in response to a batch of petitions, which include the Tamil Nadu Reservation Act notified in 1994. The Act provides for 69 per cent reservation in violation of the Supreme Court’s 50 per cent cap on reservation.
However, Tamil Nadu Chief Minister M Karunanidhi was extremely cautious in his reaction. "I don’t have all the details. I will have to study this first," he reportedly said in Chennai.
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