I am a lawyer and as a lawyer I understand the gravity of this action of Supreme Court. But this was very much unfortunate to learn that a lawyer practicing in Supreme Court (Mr. Indira Jaising) would not be able to.
The reason for this judgement of Supreme Court is very simple:
According to Indian Constitution, three wings of the government i.e. Legislature, Executive and Judiciary are free from each other and could not intervene in each other's prerogatives. But parliament (which apparently consist of two wings of government i.e. Legislature and Executive) was persistently curtailing the Supreme Court's power of judicial review, by putting the various laws under Ninth Schedule. So, Supreme Court has done nothing but just reconfirmed the powers originally vested in him by the founding fathers of the Constitution.
Thus, this judgement of Supreme Court is very much correct and will have far reaching results. Coming generation will see (and appreciate) why parliament%u2019s powers are need to be checked.
Re: Ninth Schedule: What the Supreme Court means.
by Abhishek Thakur on Sep 24, 2013 03:09 PM Permalink
Sir- this single comment from you clarified the whole issue for me. And I regret that in today's age, such comments are rare!