Comments on: Ninth Schedule of India Constitution now open to judicial review - Why did it take this long ?

By: chunilal.shah

chunilal.shah — Thu, 28 Aug 2008 09:30:33 +0000

I have been asked by many persons who would like to buy land in Karnataka for use to carry out agricultral activity.In view of the rules as they are in karnataka land reform act they find the rules descramitary and in violation of the fundamental right.also the rules are complicated and the interpration of the rules is done not in favour of agriculture but for purpose of bribe to be paid to facilate such purpose.the fact that all person who can benefit from agriculture and can give positive contribution to the art of land cultivation are deprived of this in favour of curruption.Even the lawyers who are there to advance the cause of fundamental right fail to give support to the supreme court judgment.In the light of this they should be giving the strong leadership.I find that continue to guide people to follow the act as if the supreme court judgenent is to be ignored.Even those who claim to be expert on the matter of purchasr of agriculture land do not refere to the suprene court judgment when advising persons on this

By: chunilal narshi shah

chunilal narshi shah — Wed, 16 Jul 2008 08:12:58 +0000

the land reform act in karnataka has to be changed in light of the SC judgenent The right to purchase agricultural land should be available to all and should not be selective.The use of land should be the only controlled by the state.This is in interest of farmers in that the land can be sold to person who will take interest and make all the investment in development.The executive powers only feeds corrupt practice so instead of people taking the matter to courts at every matter the laws not protection the fundamental rights should be scrapped and for this public must become proactive and if necessary approach the courts at highest level after creating strong public opinion.I am ready to discuss the pros and coms

By: Samrat

Samrat — Sun, 04 Feb 2007 11:30:23 +0000

The Supreme Court judgment is welcome because it prevents abuse of power by the legislature which had appropriated on itself the power to make laws and amend laws that are beyond judicial scrutiny. The country’s highest court has now in return reappropriated on itself the power to scrutinize any legislation and has thus given us, the citizens of India, the power to challenge via the courts any law passed by the Parliament. But as Indira Jaisingh has pointed out, one must not forget that the Supreme Court has by virtue of this judgment become one of the most powerful and unaccountable courts in the world. It almost seems that the SC has become larger than life. This could have adverse repercussions in future. The BSD has been used tactfully by the SC which is the interpreter of the constitution. Curiously, all politicians dish out the platitude that in a coalition government, hammering out a consensus in hard and time consuming work, while blindly disregarding the fact that Nehru and ‘his’ parliament introduced the 1st constitutional amendment to enable land reforms because of the distaste towards the inordinately long judicial process. The Parliament should not have at that that time passed an amendment which subverted the constitutional provisions. But perhaps now, the balance of powers has tilted in favour of the judiciary. The politicians are uncomfortable while the middle class is having reason to smile.