Govt?s slip-road laws under SC watch

DOES PARLIAMENT have the power to place a law -- which circumvents a court order -- under the Ninth Schedule of the Constitution to prevent judicial review? Faced with this question, the Supreme Court today decided to set up a nine-judge Constitution Bench to examine the issue.

DOES PARLIAMENT have the power to place a law -- which circumvents a court order -- under the Ninth Schedule of the Constitution to prevent judicial review? Faced with this question, the Supreme Court today decided to set up a nine-judge Constitution Bench to examine the issue.

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A bench headed by Chief Justice Y.K. Sabharwal gave the order on a bunch of petitions challenging the constitutional validity of several state laws brought under the Ninth Schedule by Acts passed by Parliament. The bench asked all the parties to produce their written submissions by September 27 and fixed October 9-13 for the hearing of the case.

The court will examine the legislative competence of Parliament to pass laws that circumvent its verdicts and put the same under the Ninth Schedule to prevent judicial review. A ruling in the case will have a bearing on many laws enacted by Parliament.

Quota laws may be hit. One important law under challenge is the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of appointment or posts in Services under the State) Act 1994 - for 69 per cent reservation. The law was passed soon after the SC verdict in the Mandal case which put a ceiling of 50 per cent on reservation in jobs.