New Delhi: The Supreme Court on Monday commenced hearing in a case to examine the scope of judicial review about legislations being put in the Ninth Schedule of the Constitution with noted jurist Fali S Nariman advocating abolition of the provision enabling such a procedure.
He asserted that Article 31-B, which enables a law to be placed under the Ninth Schedule, must have to go as it did not define the category of legislations which requires protection from judicial review as has been enumerated in Article 31-A for Acts relating to agrarian reforms.
Nariman was arguing before a nine-judge Constitution bench, headed by Chief Justice Y K Sabharwal, which is examining the scope of judicial review about the laws put in the Ninth Schedule.
He emphasised that there was a need to give a fresh look to Article 31-B as it enables to revive a law held invalid as only in the Christian theology a dead can be resurrected.
The senior advocate said legislations, which have been held invalid by the court are put straightaway in the Ninth Schedule without removing the defects.
"It is just like giving a life to a dead body by merely putting a law into Ninth Schedule," he told the Bench also comprising Justices Ashok Bhan, Arijit Pasayat, B P Singh, S H Kapadia, C K Thakker, P K Balasubramaniyan, Altamas Kabir and D K Jain.
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