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Author :
amit
Posted On 24 March 2012 at 22:52
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whether an item(land reforms act) entered in schedule 9 of indian constitution is barred from civil suit trial in courts ?please give citation if possible.
sir,it is a professional query..i just want to know whether items contained in schedule 9 can be challenged in the civil courts or not?is it competent or not?
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Author :
amit
Posted On 24 March 2012 at 22:52
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sir,it is a professional query....whether an item(land reforms act) entered in schedule 9 of indian constitution is barred from civil suit trial in courts ?please give citation if possible.
sir,it is a professional query..i just want to know whether items contained in schedule 9 can be challenged in the civil courts or not?is it competent or not
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Expert :
Chanchal Nag Chowdhury
Posted On 25 March 2012 at 11:55
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Land is a State subject. So, it all depends on what law the State has made on this behalf. In West Bengal for example, a separate Land Tribunal has been set up & all matters have been transferred there.So, the civil suit trial in courts is not possible. If In the State to which U belong to does not have such law, U can go to the civil court.In other cases, where there is a Land Tribunal U will have to approach the Tribunal & then to the High Court.
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Expert :
Sudhir Kumar
Posted On 25 March 2012 at 17:30
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It is not subject to judicial review even if it violates Fundamental rights. Please read Article 13.
Recently ther ehad been an importance decision on the subject in IR Cohelloo.
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Expert :
Murali Krishna
Posted On 25 March 2012 at 18:57
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A 9 member Constitutional Bench of the Supreme Court in I.R.Coehlo Vs. State Of Tamilnadu, (2007)1 SCC 137 held that laws which are under Schedule 9 are amenable to judicial review. The Supreme Court held that all amendments made to Sch.9 after Keshavananda Bharathi judgement are liable to be tested on the touchstone of basic structure of the Constitution of India.
This is mainly because of misuse of Sch.9 provisions by making it as an omnibus provision, rather than for land reforms.
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