Simone Lawson
The 9th Schedule of the Indian Constitution, introduced in 1951, is a list of central and state laws that are protected from judicial review. This means that the listed laws cannot be challenged in court, even if they violate fundamental rights. The 9th Schedule was initially intended to protect land reform laws, but it has since been expanded to include other types of legislation. The Indian judiciary has asserted its right to review laws under the 9th Schedule if they violate fundamental rights or the basic structure of the Constitution, as established in the Keshavananda Bharati v. State of Kerala case in 1973. The appropriate use of the 9th Schedule and the role of judicial review in India's constitutional framework have been the subject of ongoing debate and legal challenges.
| Characteristics | Values |
|---|---|
| Purpose | To protect certain laws from judicial review |
| Addition to Constitution | First Amendment Act, 1951 |
| Number of laws initially added | 13 |
| Current number of laws | 284 |
| Judicial review | Applicable to laws added after 24 April 1973 |
| Misuse | Lack of clarity on inclusion criteria, lack of accountability and transparency, unequal treatment of laws |
| Suggested solutions | National Commission to Review the Working of the Constitution, periodic review of laws, guidelines for inclusion |
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What You'll Learn
- The 9th Schedule of the Indian Constitution was added by the First Amendment in 1951
- The 9th Schedule contains a list of central and state laws that cannot be challenged in court
- The 9th Schedule was drafted by the first government of independent India
- The Supreme Court ruled that Acts placed in the 9th Schedule are open to judicial scrutiny
- The National Commission recommended guidelines for governments on laws that can be included in the 9th Schedule
The 9th Schedule of the Indian Constitution was added by the First Amendment in 1951
The Ninth Schedule was added to the Constitution in response to the Supreme Court's decision in the Shankari Prasad case (1951). The court ruled that laws enacted by the Parliament could be challenged if they violated the fundamental rights guaranteed by the Constitution. The Ninth Schedule was thus included to ensure that certain laws could not be challenged on these grounds. Article 31B, which states that no law or regulation included in the Ninth Schedule can be struck down, was also added to the Constitution at this time.
The Ninth Schedule was initially intended for land reforms and ceiling laws. However, it was later misused with controversial additions, such as Emergency laws. This provision was challenged before the Supreme Court in the IR Coelho Case, which upheld judicial review for laws added to the Ninth Schedule after 1973 if they violated the 'basic structure' of the Constitution or specific fundamental rights. The 'basic structure' doctrine, which is not explicitly stated in the Constitution, states that Parliament cannot amend the basic structure of the Constitution.
The Keshavananda Bharati v. State of Kerala (1973) case further clarified the concept of the 'basic structure of the Indian Constitution'. The Supreme Court held that any law violating this basic structure could be declared unconstitutional by the court. This was followed by the Waman Rao v. Union of India (1981) case, where the Supreme Court ruled that amendments made after April 24, 1973, in the Ninth Schedule could be challenged on the grounds of constitutionality.
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The 9th Schedule contains a list of central and state laws that cannot be challenged in court
The 9th Schedule of the Indian Constitution is a list of central and state laws that are exempt from judicial review. It was introduced by the Nehru government on 10 May 1951, through the Constitution (First Amendment) Act, 1951, adding Articles 31A and 31B to the Constitution. The 9th Schedule was intended to address judicial decisions and pronouncements, particularly those concerning fundamental rights.
The 9th Schedule was a response to the Supreme Court's decision in the Shankari Prasad case (1951), which ruled that laws enacted by Parliament could be challenged if they violated the fundamental rights guaranteed by the Constitution. The 9th Schedule was designed to allow the legislature to exempt certain laws from judicial review through a constitutional amendment. Initially, the 9th Schedule was meant to cover only a few legislations, but over time, the government has used it to shield various types of legislation, with over 250 Acts currently included.
The 9th Schedule has been criticised for allowing the government to enact laws that violate the right to equality guaranteed by the Constitution. There are concerns that the government may add laws to serve political interests or protect vested interests, leading to a lack of accountability and transparency. The inclusion of laws in the 9th Schedule restricts the judiciary's power to review their constitutionality, resulting in reduced judicial oversight.
Despite the 9th Schedule's protection from judicial review, the Supreme Court has asserted its right to scrutinise Acts listed within it. In the I R Coelho v. State of Tamil Nadu (2007) case, the Court ruled that laws included in the 9th Schedule after 24 April 1973 (the date of the Keshavananda Bharati judgment) could be reviewed to ensure they do not violate the Constitution's basic structure. This ruling established that no law could be entirely immune from judicial review, upholding the principle of constitutionalism and the separation of powers.
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The 9th Schedule was drafted by the first government of independent India
The 9th Schedule of the Indian Constitution is a special provision that allows the government to exempt certain laws from judicial review. It was drafted by the first government of independent India during the tenure of J. L. Nehru. The 9th Schedule was added to the Constitution in 1951 through the First Amendment Act, which introduced 13 new laws.
The 9th Schedule is a list of central and state laws that are protected from being challenged in court, even if they violate fundamental rights. This was a response to the Supreme Court's decision in the Shankari Prasad case in 1951, which ruled that laws enacted by Parliament could be challenged if they violated the fundamental rights guaranteed by the Constitution. The 9th Schedule was a way for the government to bypass judicial scrutiny and review, and it has been criticised for lacking clarity and transparency.
The 9th Schedule has been amended several times, with various laws being added through 11 amendments. These amendments have been made to address the concerns of the judiciary and to ensure that the laws are still relevant and necessary. The Supreme Court has also played a crucial role in checking the power of the Parliament through various judgments, such as Keshavananda Bharati v. State of Kerala (1973), where the Court held that any law violating the basic structure of the Indian Constitution could be declared unconstitutional.
The 9th Schedule is a result of the clash of ideology between the conservative judiciary and the progressive and growth-oriented legislature and executives. It was initially intended to cover only a few legislations, but over time, the government has used it to exempt many types of legislation from judicial scrutiny, with over 250 Acts currently included.
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The Supreme Court ruled that Acts placed in the 9th Schedule are open to judicial scrutiny
The 9th Schedule of the Indian Constitution was introduced by the Nehru government on 10 May 1951 through the Constitution (First Amendment) Act. It contains a list of central and state laws that are protected from judicial review. The 9th Schedule was intended to address judicial decisions, especially those concerning the chapter on fundamental rights.
The 9th Schedule was created to protect certain laws from judicial interference. The inclusion of laws in the 9th Schedule restricts the power of the judiciary to review their constitutionality, leading to a lack of judicial oversight. However, this has been a source of controversy, with concerns that the government may misuse this provision to add laws for political reasons or to protect vested interests.
In the landmark case of Keshavananda Bharati v. State of Kerala (1973), the Supreme Court upheld the judgement in Golaknath, introducing the concept of the "Basic structure of the Indian Constitution". The Court held that any amendments that violate the fundamental rights guaranteed by the Constitution can be struck down by the Court. This established the principle that the Parliament cannot amend the basic structure of the Constitution.
Subsequently, in I R Coelho v. State of Tamil Nadu (2007), the Supreme Court ruled that Acts placed in the 9th Schedule are open to judicial scrutiny. The Court clarified that laws included in the 9th Schedule after April 24, 1973 (the date of the Keshavananda Bharati judgment) can be reviewed by the courts to ensure they do not violate the fundamental rights guaranteed under Articles 14, 19, 20, and 21 of the Constitution. This ruling reaffirmed the importance of judicial review as a basic structure of the Constitution, upholding the principle of the rule of law and the separation of powers.
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The National Commission recommended guidelines for governments on laws that can be included in the 9th Schedule
The Ninth Schedule of the Indian Constitution was introduced in 1951 to protect certain laws from judicial review. This means that once the laws are added to the Ninth Schedule, they cannot be struck down for violating fundamental rights. The National Commission to Review the Working of the Constitution (NCRWC) in 2002 recommended that there should be guidelines for governments on the kinds of laws that can be included in the Ninth Schedule. The following guidelines were proposed:
- The protection from judicial review should be restricted to laws relating to agrarian reforms, reservations, and the implementation of Directive Principles specified in Article 39(b) and (c).
- The Ninth Schedule should be used as a last resort when there are no other means to achieve the desired objectives. The government should explore all other options before including laws in the Ninth Schedule.
- The inclusion of laws in the Ninth Schedule should be a transparent process, with clear reasons provided by the government for the inclusion of a particular law.
- There should be a review mechanism in place to periodically review the laws in the Ninth Schedule to ensure they are still relevant and necessary.
- The protection provided by the Ninth Schedule should be limited and not absolute. The government should not use it to avoid judicial scrutiny altogether.
- Public awareness about the Ninth Schedule is important, as an informed citizenry can question the government and participate more effectively in the democratic process.
- Legislative scrutiny should be strengthened through detailed debates, discussions, cost-benefit analyses, and impact assessments before putting any law in the Ninth Schedule.
- The laws included in the Ninth Schedule should not disproportionately infringe upon fundamental rights, and the principles and norms of the Constitution should be adhered to.
These guidelines aim to ensure that the Ninth Schedule is not misused as a loophole by the government and to maintain a balance between legislative freedom and the protection of citizens' rights.
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Frequently asked questions
The 9th Schedule of the Indian Constitution is a list of central and state laws that are exempt from judicial review. It was added to the Constitution in 1951 through the First Amendment Act in response to the Shankari Prasad case, which ruled that laws enacted by Parliament could be challenged if they violated fundamental rights.
The 9th Schedule was introduced to protect certain laws from judicial interference and scrutiny, particularly those related to land reforms and the abolition of the Zamindari system. It allows the government to enact laws that may violate fundamental rights or the basic structure of the Constitution.
While the 9th Schedule is intended to shield laws from judicial review, there have been court rulings that suggest laws included after 24 April 1973 can be challenged and reviewed by the courts if they violate fundamental rights or the basic structure of the Constitution.
There are concerns that the 9th Schedule can be misused by the government to add laws for political reasons or to protect vested interests. It has been criticised for lacking transparency, accountability, and clarity regarding the criteria for including laws. The lack of judicial oversight and the potential violation of fundamental rights are also points of concern.
