Sushil Modi asserts Judicial oversight: laws in 9th Schedule subject to Supreme Court scrutiny

In a recent statement, BJP leader Sushil Kumar Modi criticized the Congress, RJD, and JD-U for deflecting responsibility and misleading the public about Bihar's developmental challenges. Modi emphasized that these parties, which governed Bihar since independence, are accountable for its low standing on human development indices.

Legal clarity on reservation laws:

Modi refuted the demand to include two reservation laws in the ninth schedule, citing a clear Supreme Court judgment. He highlighted that the court has ruled that laws added to the Ninth Schedule can be challenged, especially if they infringe on the rights guaranteed by the Constitution. Quoting the 2007 Coelho v. State of Tamil Nadu case, Modi reiterated the Basic Structure Doctrine, affirming the judiciary's authority to review laws that damage the basic structure, even if placed in the Ninth Schedule after April 14, 1973.

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Shift in responsibility criticized:

Addressing the special status demand for Bihar, Modi stated that the BJP is not against it. However, he urged accountability, pointing out that the responsibility for the state's situation lies with those who hindered special status when it was possible. Modi emphasized the need for Bihar to enhance its resources by curbing activities like liquor and sand smuggling. He criticized election stunts and advocated for practical measures to augment resources before making grand promises.

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