Bhartiya Janata Party (BJP) leader and Rajya Sabha MP Sushil Kumar Modi has called out the Congress, RJD, and JD-U for their alleged failure in governance in Bihar, stating that these parties have been misleading the public. Modi emphasized that these parties, which have historically governed Bihar, are responsible for the state’s position at the bottom of human development indices.
Also read- Supreme Court Issues Notice To Andhra CM Jagan Reddy On Bail Cancellation Plea (lawchakra.in)
In a significant statement, Modi referred to the Supreme Court’s judgment regarding laws under the Ninth Schedule of the Constitution. He clarified,
“Even the demand to get the two reservation laws included in the ninth schedule is misleading as there is already a clear judgment of the Supreme Court in this regard. The Apex Court has ruled that any law inserted in the Ninth can also be challenged.”
Quoting the Supreme Court’s order by the Constitution bench led by Justice YK Sabharwal, Modi explained,
“A law that abrogates or abridges rights guaranteed by Part-III of the Constitution may violate the basic structure doctrine or it may not. If former is the consequence of the law, whether by amendment of any article of Part III or by any insertion in the Ninth Schedule, such law will have to be invalidated in exercise of judicial review power of the court.”
This statement refers to the landmark nine-judge bench verdict delivered on January 11, 2007, in Coelho v. State of Tamil Nadu and others case. This verdict upheld the ‘Basic Structure Doctrine’ and affirmed the judiciary’s authority to review laws that potentially damage the basic structure as indicated in Articles 21, 14, 19, and the principles underlying them, even if they are placed in the Ninth Schedule post-April 14, 1973.
Modi also addressed the issue of special status for Bihar, a demand he described as akin to “flogging a dead horse.” He argued that since there is no provision for special status for any state, demanding it for Bihar is impractical. He urged the leaders who have governed Bihar since independence to take responsibility for the state’s current situation. Modi specifically called out RJD leader Lalu Prasad for preventing Bihar from achieving special status when it was feasible.
Highlighting the need for Bihar to augment its resources, Modi suggested that the state should stop patronizing the liquor and sand mafia, which could save over ₹20,000 crore. He criticized the practice of making election promises without securing the necessary funds, stating,
“If Bihar wants to give ₹2.5-lakh to every poor family, it should first make arrangement for the funds and then make promises.”
Modi’s statements shed light on the legal and political complexities surrounding the Ninth Schedule laws and the special status demand for Bihar. His critique of the state’s political leadership and emphasis on judicial review underscore the ongoing debate over constitutional provisions and governance in the state.
