SCHEDULE NINE : APPRECIATIONG

DEMONCRACY AND SUPPRESING

DEMOCRACY
Post independence we wrote our constitution whose spirit and aspirations
flows from the struggle of indian heros of independence and philosophies
of ancient cultures which once able to establish an egalitarian and just
culture . satyamev jayte truth alone triumph is the legacy of ancient
indian society and culture around which wheels of our constitution
moves .Our constitution starts with the preambular text as we the
people of .......give ourself this constitution explicitly adores and puts in
place democratic spirit as we the people and give ourself manifest the
same .going by the conventional definition its a kind of social contract
where some elected few are entrusted with the responsibility to look after
the better interest of the society in a comprehensive and wholesome
manner

schedule nine of indian constitution which

was added as first amendment of constitution is in contrary to these basic
principles of wisdom and fair sense of justice .schedule nine explicitly
validates some rules laws on its own which is ultra vire because only
judiciary is recognised as the custodian and interpreter of indian laws and
its boss the constitution(article 141 and 142) . anything which is under
schedule nine is immune from judicial scrutiny and review ,how come this
kind of system exist in a society where democracy prevails .administrative
scholars puts in place a system of check and balance for the proper
functioning of the state which is technically comprised of legislatures ,
executives and judiciary .truncating power of one organ can ultimately
catapult into anarchy , dictatorship and ultimately on the edge of mayhem
.

from the time of keshvananda Bharti to date judiciary has experienced an

organic growth towards meeting the demands of society .a new paradigm
of judicial activism has evolved which takes care of its citizens as citizens
and not merely as its subject thereby upholding the prembular text and
appreciating democracy .recently judiciary has announced that sitting
MP,MLA facing criminal charges are disqualified and must not be acquitted
because they have not exhausted their appeal in the higher courts .this
decision of judiciary is contrary to whats there in section 8 of
representation of peoples act 1950(this legislation is under ninth
schedule).this decision created turbelance in political fraternity and once
again raised the question of validity of schedule nine.judiciary in reaching
to its decision interpreted article 324 of constitution which says that
election commission has the responsibility to carry out transparent and
fair elections .if a person in prison has no right to vote then how come he
can get vote ,if he/she does so then its not fair election and hence
doctrine of eclipse can be invoked wrt section 8 of RPA1951.ultimately
schedule 9 came under scrutiny . there are many such legislation like
interstate water dispute act 1956, tamilnadu reservation policy 1995 ,
land acquisition act 1894 which find their locus within schedule nine but
judiciary from time to time reviewed them and questioned the locus
standii of legislature. Tamilnadu reservation policy of 69pc is contrary to
the scale of 50 pc reservation decided by supreme court because of this
existing rule even meritorious guy having 95pc was not able to get
admission . Well it would be less than logical to understand that its not
democracy as people cant approach for their grievance redressal arising
out of any such practise which is under schedule nine.

IT IS NOT DEMOCRACY INSTEAD DEMONCRACY

THEN COMES THE OBVIOUS QUESTION WHY SCHEDULE NINE

After independence india embarked on the socialist philosophies of lenin

and Russia made plans for its socioeconomic development in line with
Russian socialist culture .under socialism state the ultimate creator of
wealth and driver of economy ,keeping this in mind schedule nine was
added so that growth must not get litigated.

After 42nd amendment socialist

term was explicitly added to manifest the eminent domain inherent within
socialism .this is nothing but the hangover of colonial period where
executives are not accountable for most of their actions, which is against
the very basic principle of democracy.

Because of development of new paradigm of judicial activism many of the

rules within schedule nine which are contrary to basic structure doctrine
are declared void and null .judiciary has stretched its locus standii which
is unquestionable but this is not good indicator of any healthy system .the
running climate of conflict between judiciary and executive must not
happen as it would plaque the system of governance and create a logjam
in administration .
In short three organs of society must function freely and judiciously ,which
is possible only when no ones power is truncated or strained.schedule
nine explicitly withdraws the power of judiciary to interpret law existing
in ,therefore this schedule has lost its relevance in our democracy and
must go otherwise this schedule be used as a political tool to get political
scores and fidelity.