Schedule 9 of indian constitution
amit
(Querist) 24 March 2012
This query is : Resolved
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?
amit
(Querist) 24 March 2012
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
Chanchal Nag Chowdhury
(Expert) 25 March 2012
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.
Sudhir Kumar, Advocate
(Expert) 25 March 2012
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.
Murali Krishna
(Expert) 25 March 2012
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.
