No immunity for laws under 9th Schedule: SC

The Supreme Court today said laws included in the Ninth Schedule of the Constitution after April 24, 1973 were open to judicial review.

In an unanimous verdict, a 9-judge Constitutional Bench headed by Chief Justice Y K Sabharwal held that legislations did not get protection of the Ninth Schedule, if they were violative of the basic structure of the Constitution.

Laws placed under Ninth Schedule after April 24, 1973 shall be open to challenge in court if they violated fundamental rights guaranteed under Article 14, 19, 20 and 21 of the Constitution, the bench said.

If laws put in the Ninth Schedule abridge or abrogate fundamental rights resulting into violation of the basic structure of the Constitution, such laws have to be invalidated, it said.

The verdict is expected to have far-reaching implications on various issues, including the reservation policy of the central government and various state governments.

The Bench had on November 3 reserved its verdict after hearing the arguments of the government, constitutional experts on a PIL challenging the actions of government to make laws beyond the review powers of the courts.