Friday, January 12, 2007
Ninth Schedule
The Ninth Schedule has about 250 laws and the Court has said that if they are seen to destroy or damage the basic structure, they can be reviewed. It is a clear indication that the Court wants to uphold the supremacy of the Constitution, even if means treading in the Parliament’s domain.Wednesday’s judgement, for example, also says unequivocally that the Supreme Court has the final say on Parliamentary affairs, a statement that is bound to raise hackles in the highest quarters of the legislature. Many already think that the Indian Judiciary is increasingly becoming the arbiter of the nation’s fate and is often intervening in matters better left to others. This judgement will give further boost to their fearIndians are getting increasingly cynical about politicians and even the bureaucracy. The sight of politicians seeking bribes confirms their worst views. The courts have come to be seen as the last resort to ensure that the country gets good governance. The judiciary still enjoys a high level of respectability and people are willing to let it enter areas where the other institutions have failed. But disproportionate power to any one institution could be dangerous.All other institutions should take note of this and clean up their own acts rather than merely complain about judicial interference. But on its part, the highest court must look at issues on a case by case basis and not claim a larger systemic authoritys.
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