11-11-2006, 05:16 AM
Viren,
Rajiv Gandhi amended the constitution in Shah Bano case and circumvented the existing issue. But SC has the authority to throw out any constitutional amendment, except those put in the 9th schedule. Currently SC is looking into the 9th schedule issue too. And I am pretty positive that SC will bring even that into judicial review.
Executive can make any laws it wants, but the constitutionality, hence validity, is still to be decided by the SC.
Rajiv Gandhi amended the constitution in Shah Bano case and circumvented the existing issue. But SC has the authority to throw out any constitutional amendment, except those put in the 9th schedule. Currently SC is looking into the 9th schedule issue too. And I am pretty positive that SC will bring even that into judicial review.
Executive can make any laws it wants, but the constitutionality, hence validity, is still to be decided by the SC.