The Centre today told the Supreme Court that Parliament was empowered under Article 31-B to include any law in the Ninth Schedule leaving only a narrow scope for judicial review.

“Article 31-B read with the Ninth Schedule provides what is generally described as a protective umbrella to all Acts, which are included in the schedule, no matter of what character, kind or category they may be,” the Centre said in a written statement filed in the court. The statement came on a bunch of petitions challenging certain Cosntitutional amendments, which introduced some land reform laws of Kerala, West Bengal and Gujarat in the Ninth Schedule.

The Centre’s stand assumes significance given its reported moves to include the Delhi Laws (Special Provisions) Act providing immunity to vast stretches of unauthorised constructions in the Schedule. There have also been demands from political parties in Tamil Nadu to include a state Act on reservation in the Schedule.

The government reiterated that the apex court in various judgments had upheld the validity of Article 31-B.

Even when the court struck down a law on the ground that it violated the fundamental rights guaranteed by the Constitution, it would be cured of the defect of unconstitutionality when it is added to the Schedule, the government contended.

This was because not all fundamental rights were a part of the basic structure of the Constitution. According to the test laid down in Keshavananda Bharti’s case, any law or amendment, which infringed the basic structure, would be unconstitutional. “If fundamental rights can be amended (as was laid down in the Keshvananda Bharti case) fundamental rights cannot be said to be part of the basic structure, unless the amendment is such as which essentially destroys the nature and character of the Constitution.”

... contd.