Opinion - Letters to the Editor   

Ninth Schedule

The editorial "Reclaiming jurisdiction" (Jan. 13) gave a balanced view of the Supreme Court judgment to subject laws in the Ninth Schedule of the Constitution to judicial review. Lawmakers will be more cautious in future. The ruling should not be seen as a source of friction between the legislature and the judiciary. As the outgoing Chief Justice of India, Y.K. Sabharwal, said: "There cannot be cosy relations between the two wings in the interest of democracy."

H.K. Seshadri,
Bangalore

Our legislators must be a worried lot, as they have lost the blanket protection they have hitherto enjoyed. The fact that they have sought to protect 284 laws from judicial scrutiny reflects how legislation has undermined the rule book over the years.

B.J. Krupakar,
Mangalore

The misuse of the Ninth Schedule as a dumping yard of laws meant to be kept out of judicial purview has compelled the Supreme Court to reiterate the basic structure doctrine. The constitutional bench deserves praise for opening a way out of the cul-de-sac, which so far remained the sole domain of Parliament.

The legislature should accept the supremacy of the Supreme Court as the guardian of the Constitution. It has nothing to fear if the laws enacted by it do not affect the basic structure.

R.M. Manoharan,
Chennai

Legislators, on the ground that they represent the people, have used the Ninth Schedule liberally to get around the judiciary. As a result, laws enacted with an eye on votes have found their way into the statute books. The judiciary has helped the hapless people by lifting the no-judicial-review veil.

G.M. Rama Rao,
Visakhapatnam

The founding fathers of the Constitution had public welfare and good governance uppermost in their minds. Had their expectations been fulfilled at least partially, the situation would have been a lot different. Though the people's representatives are expected to give priority to the common man's welfare, their priorities are only too well known. Vote bank politics, large-scale corruption, and criminalisation of politics have become rampant. All organs of the state are expected to function according to the provisions of the Constitution. When one does not, the judiciary has no choice but to intervene and uphold the rule of law.

T. Giridharan,
Chennai

The Supreme Court has upheld the citizen's right to question any law that violates his fundamental rights. Legislators can no longer hide behind the Ninth Schedule. Every citizen should salute the Supreme Court for establishing constitutional supremacy.

R.K. Balasubramanian,
Chennai

The judgment is a landmark in the annals of judicial history. The Ninth Schedule, originally intended to cover land reforms, has been misused over the years. Had the court not checked the misuse, the number of laws under the Schedule would have far exceeded 284. Some have argued that the judiciary has usurped the functions of the legislature. The denial of equality to some sections of society was discussed at length by the founding fathers of the Constitution and provisions protecting their interests were included. Legislatures lay down the laws but their interpretation has to be done by the judiciary.

V.V. Raghava Rao,
Guntur

The framers of the Constitution vested the power of judicial review in the judiciary to safeguard against possible violation of citizens' fundamental rights by the state. This cannot be taken away by the legislature by including a law under the Ninth Schedule. The latest verdict is welcome as it will apply the brakes on including laws that are unconstitutional.

A.S. Farida,
Kancheepuram

The Supreme Court's view that the absence of constitutional control will lead to the creation of a parliamentary hegemony is unacceptable. If courts can limit Parliament's right to enact laws, what is the need for legislative bodies? Trespassing into the legislative domain by opening all laws to review will only heighten the friction between the two organs of the state.

If laws placed in the Ninth Schedule since 1973 are challenged, all the buried problems will resurface. The Tamil Nadu law granting 69 per cent reservation in education and employment was intended to uplift those denied the right to life and liberty for centuries. If the court sets aside the law, will not the fundamental rights of these sections be violated?

K. Abdul Nassar,
Aluva

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