Amendment of an Act

Querist : Anonymous (Querist) 12 December 2010 This query is : Resolved
Respected Advocates,
A provision of a local tenancy act is enumerated in ninth schedule. Can the state govt. amend or repeal that particular provision of it thru legislation?
Plz. Enlighten.
Thanks and best regards.

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R.Ramachandran (Expert) 12 December 2010
Enumeration of a particular enactment in the IX Schedule of the Constitution is only to ensure that no one can question its validity in the Court of Law. Such inclusion would not in any way curtail the legislative competence of any legislature. In fact, even after amendment / repeal of any provision, the said act would continue to be placed under IX Schedule, unless specifically taken out of the Schedule.

Uma parameswaran (Expert) 12 December 2010
Subjected to scrutiny if they violated fundamental rights.

R.Ramachandran (Expert) 12 December 2010
If those laws are not violative of fundamental rights, in the first place there might not be any need for placing them in Schedule-IX at all.

Guest (Expert) 12 December 2010
KINDLY NOTE THAT TENANCY LAWS AND LAND LAWS ARE IN FORCE SINCE BRITISH RULE SEVERAL AMMENDMENTS ARE THERE.THIS IS VERY COMPLICATED ISSUE.YOU MAY KINDLY SEND DETAILS OF THE PARTICULAR ACT AND PROVISIONS .YOU MAY KINDLY NOTE THAT WITH REFERENCE TO PROVISIONS IN CONSTITUTION LAW AMMENDMENTS ARE MADE.KINDLY SEND DETAILS WILL HELP YOU.DETAILED ADVISE CAN BE GIVEN.GOOD LUCK.

s.subramanian (Expert) 12 December 2010
I agree with Mr.Ramachandran

Querist : Anonymous (Querist) 12 December 2010
Sir, Thanks for the guidance.
With Regds,

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