Rulings open Pandora's box

Rulings open Pandora's box
Navin Upadhyay Pioneer News Service

The two back-to-back rulings of the Supreme Court seem to settle the long-drawn dispute about the superiority of the constitutional institutions under the Indian democratic set-up.
The legislature still enjoys the freedom to "Act", but the judiciary will have the last say.
The favourable political reaction to the twin rulings shows how the political class has failed to grasp the far-reaching implications of judiciary's foray into their exclusive domain.
Lok Sabha Speaker Somnath Chaterjee, who initially objected to the apex court's move to examine the Chair's decisions, joined the political parties in welcoming the Wednesday's Supreme Court ruling that upheld disqualification of 11 MPs in the cash-for-query scam.
On Thursday again, many political parties, including Law Minister HR Bhardwaj, reacted similarly to the court's ruling broadbasing the array of laws that would be now open to judicial review even if placed under Ninth Schedule of the Constitution. Incidentally, the court's ruling also covered Article 15, which gave the Government power to provide reservation to socially and economically backward classes.
Obviously, few have paid attention to the serious implications of the watershed rulings, making justiciable the legality and constitutionality of all legislative proceedings, including action of the Chair. In doing so, the court took away the immunity enjoyed by the legislature under Article 122 of the Constitution.
In the famous JMM payoff, the four Jharkhand MPs escaped prosecution under the cover of safeguard provided by Article 122 even though charges of bribe-taking stood established against them. After the latest ruling, all such cases will be liable to judicial scrutiny and the court will have liberty to order their prosecution or otherwise.
The two rulings have now opened a Pandora's box. Bringing legislative proceedings under judicial review has vast implications. Speaker Chaterjee may be satisfied that the court has upheld his decision to disqualify the MPs, but the judgement has seriously eroded the Chair's authority. In similar cases in future, the court will be free to overturn the Chair's decision. The Speaker and Parliament have now to act under constitutional parameters, which will be defined and interpreted by the court.
Going a step further on Thursday, the court imposed more restrictions on the legislature's law-making powers, and in a way, applied a much-needed brake on Parliament's tendency to misuse constitutional provisions like Article 15 for political gains. The ruling will put paid to any attempt by the Government to bypass judicial scrutiny in making fresh quota laws. Its immediate fallout will be an inevitable legal challenge to Tamil Nadu reservation law that provided 69 per cent quota and remained shielded from scrutiny under Ninth Schedule.
Major legislations under challenge:

The Tamil Nadu Backward Classes, SC and ST (Reservation of seats in Educational Institutions and of appointments or posts in the services under the State) Act, 1993

The Foreign Exchange Regulation Act, 1973 (FERA)

The Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976 (COFEPOSA)

The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976