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Ninth Schedule matter referred to 9-member Constitution bench

A five-judge Constitution bench of the Supreme Court has referred to a nine-judge Constitution bench for decision, petitions and appeals challenging insertion of an act, already invalidated by the court, into the Ninth Schedule of the Constitution, thereby making any amendment to the act the sole prerogative of Parliament or the legislatures.

Three such acts -- the Gudalur Janmam Estate (Abolition and Conversion into ryotwari) Act, 1969, the West Bengal Landholding Revenue Act, 1979 and the Urban (Land Ceiling and Regulation) Act, 1976 -- were struck down by the Supreme Court in 1973, 1979 and 1985 respectively but were inserted in the Ninth Schedule.

The challenge was made on the ground that judicial review is a basic feature of the Constitution and to insert into the Ninth Schedule an act, which or part of which has been struck down as unconstitutional, was to destroy or damage the basic feature of the Constitution.

The five-judge Constitution bench, headed by Justice S P Bharucha said the apex court had ruled in 1981 that ''all constitutional amendments made after the Supreme Court decision in the Keshwanand Bharati case, pronounced on April 24, 1973 would have to be tested by reference to the basic doctrine for Parliament would then have no excuse for saying that it did not know the limitation of its amending powers.''

The other judges on the bench were Justice B N Kirpal, Justice V N Khare, Justice S S M Quadri and Justice D P Mohapatra.

The bench said: ''We deem it fit accordingly to refer these appeals and writ petitions for decision to a larger bench, preferably of nine judges.''

UNI

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