Justiciability of ninth schedule and its implication on power of judicial review: A study

Abstract

The Constitution of a country is a supreme law of the land and Constitutionalism is a process of governance under which the power of the organs of the State is limited. All three organs of the State have to follow the mandate given under the Constitution. Constitutionalism accepts the need to restrict the concentration of power to one organ for protecting the rights of society. A well-written Constitution must possess fundamental limitation and check on the power to legislate and govern. Moreover, power can sometimes make the situation adverse and corrupt. Thus, unlimited or absolute power is conferred to one organ then absolute corruption of power would take place and dictatorship will prevail. Separation of power is one of the important facets of Constitutionalism. All three government or State organs: Legislative, Judiciary, and Executive, are independent and have supreme power in their field. Legislative make laws, Executive execute the law, and Judiciary interprets the law. When one organ of State overreaching and invading the domain of organ is called misusing its power or arbitrating its power for supremacy, so check and balance is important. Moreover, “Doctrine of Check and Balance” and “Doctrine of Separation of Power” go hand in hand and are essential for limiting the organ from misusing their power.