The Indian Judiciary

The Indian Judiciary has been largely wise, accommodative, and visionary. It has always sought to avoid confrontation with the legislature in order to accommodate the legislative will and the aspirations of the houses of the representatives as if to secure the intended common weal of the people.

The assertion of the apex court on the 11th January this year on the Ninth Schedule is only a friendly warning and a grim reminder of the Judiciary that the basic principles of the constitution cannot be altered even for a well intended purpose under the pretext of achieving the directive principles of the constitution. The apex court has merely asked the legislature to go slow on their attempts to misuse and abuse the Ninth Schedule of the constitution circumscribing the basic tenets of the constitution as has been pronounced by it time and again in the land mark judgments like Golaknath Case (1967), Kesavanda Bharati Case (1973), Minerva Mill Case (1980) et al.

At present there are 284 various Acts under the Ninth Schedule of the constitution which was incorporated into the constitution way back in 1955 to accommodate a meager number of 13 Special Laws of Land Reforms. Then it was a need of the hour to fasten the pace of the land reforms. However, the legislative wisdom was absent subsequently when so many ordinary Acts were also dumped into this Schedule with the sole intention to insulate them from the judicial scrutiny.

The apex court’s decision is only a logical extension of its earlier judicial pronouncements. It must be, in fact, appreciated for avoiding a confrontation and for the clarity of thought and purpose in the well considered judgments.

However, the call of the Tamil Nadu Assembly for a new constitution is only self-serving and illogical as such a Schedule having immunity from the judicial scrutiny is unheard of in any other constitution of any other country.

The critics of the apex court’s decision would do well to remember that the friendly friction between the Judiciary and the Legislature is always a sign of a healthy and matured democracy. This will also be in the interest of the common citizens