It is argued that unchecked and rampant exercise of the power to insert laws in the Ninth Schedule results in undermining of constitutional supremacy and creation of parliamentary hegemony. Do you agree? Justify your stand with logical arguments.
Main Body
The very Ist constitutional Amendment Act created Ninth Schedule. It includes subjects, inter alia, i.e. to implement DOSP and such laws cannot be questioned in court of law on grounds of violation of constitution. Reasons for creating 9th Schedule: (1) Sees the larger welfare of society e.g. Abolition of zamindari rights & land redistribution, through tool away right to property but for larger good- enhanced equality & democracy upheld. (2) Helps implement- Directive principles of state policy - Part IV of the Constitution. But these provisions have been criticised on various issues: A Created legal contradictions - Govt law vs Constitution unable to uphold B Provides complete blanket protection to state and central laws that are against fundamental rights. C Became tool to realise political motives. D Leading to undesirable changes- not the motive initially. Have no contemporary significance. E Beyond Judicial review
SC has though emphasised that there cannot be complete protection to laws in Ninth Schedule. It reinstated that even 9th Schedule in subject to judicial review on the basic doctrine structure. It needs to be strengthened and complete protection is violation of constitutional mandates.
Conclusion
SC has though emphasised that there cannot be complete protection to laws in Ninth Schedule. It reinstated that even 9th Schedule in subject to judicial review on the basic doctrine structure. It needs to be strengthened and complete protection is violation of constitutional mandates.
44 words
Surabhi Yadav
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Amendments
Ninth Schedule
231
Total words
1
Paragraphs
analytical
Tone