Isabella Carter
The Ninth 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, which introduced 13 laws to the Schedule. The Ninth Schedule currently contains 284 laws, with the most recent laws added in 2025. The inclusion of laws in the Ninth Schedule has been a point of contention, with some arguing for a balance between legislative freedom and protecting citizens' rights. The Supreme Court has ruled that any law under the Ninth Schedule can be challenged if it violates the Fundamental Rights or the 'basic structure' of the Constitution.
| Characteristics | Values |
|---|---|
| Number of laws included | 284 |
| Scope of Article 31B | Wider than Article 31A |
| Types of laws included | Central and state laws |
| Subject of laws | Primarily agriculture and land issues, but also includes laws related to reservation |
| Amendment Acts | 1st, 4th, 7th, 29th, 34th, 39th, 40th, 47th, 66th, 76th and 78th |
| Year added to the Constitution | 1951 |
| Challenging laws on the basis of violation of Fundamental Rights | Laws added after 24 April 1973 can be challenged |
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What You'll Learn
The Ninth Schedule and the 'basic structure' of the Constitution
The Ninth Schedule of the Indian Constitution contains a list of central and state laws that cannot be challenged in court. It was added by the Constitution (First Amendment) Act in 1951, which introduced 13 laws to the Schedule. The Ninth Schedule was created in 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 Ninth Schedule is a special provision that allows the legislature to exempt certain laws from judicial review through a constitutional amendment. Article 31B, which was added along with the Ninth Schedule, provides protection to acts and regulations included in the Schedule from being challenged or invalidated on the grounds of contravening fundamental rights. While Article 31A protects only five specific categories of laws, Article 31B shields specific laws or enactments. The laws protected under the Ninth Schedule are primarily related to agriculture, land issues, and reservations.
The Supreme Court has held that any law, including those under the Ninth Schedule, can be challenged and scrutinised by the judiciary if it violates Fundamental Rights or the basic structure of the Constitution. This principle was established in the Keshavananda Bharati v. State of Kerala case in 1973, where the Supreme Court introduced the concept of the "Basic structure of the Indian Constitution". The Court stated that while all provisions of the Constitution can be amended, amendments that abrogate or take away the essence or basic structure, including Fundamental Rights, can be struck down by the Court.
In Waman Rao v. Union of India (1981), the Supreme Court ruled that amendments made to the Ninth Schedule after April 24, 1973 (the date of the Keshavananda Bharati judgment) are open to being challenged on the grounds of constitutionality. This was reaffirmed in I R Coelho v. State of Tamil Nadu (2007), where the Court ruled that any law enacted in the Ninth Schedule after that date must be examined under Articles 14, 19, and 21. The Court further stated that any act that is not in line with the basic structure of the Constitution can be challenged and subjected to judicial review.
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The Ninth Schedule and judicial review
The Ninth Schedule of the Indian Constitution is a list of central and state laws that are exempt from judicial review. It was introduced in 1951 through the First Amendment Act, which added 13 laws to the Schedule. The Ninth Schedule was created to protect laws related to agrarian reform and the abolition of the Zamindari system. Since then, various laws have been added to the Ninth Schedule through multiple amendments, and today, 284 Acts are included.
The Ninth Schedule is significant because it allows the legislature to exempt certain laws from judicial scrutiny through a constitutional amendment. Article 31B, which was also inserted through the First Amendment Act, provides that laws specified in the Ninth Schedule cannot be deemed void or invalid, even if they violate fundamental rights. This article has been described as a "drastic technique of amendment" by the Supreme Court, as it immunises legislative enactments against challenges on the grounds of breach of Fundamental Rights.
However, the Supreme Court has clarified that laws under the Ninth Schedule are not entirely immune from judicial scrutiny. In the landmark case of Keshavananda Bharati v. State of Kerala (1973), the Court introduced the concept of the "Basic structure of the Indian Constitution", stating that amendments abrogating or taking away from the essence of the Constitution, including Fundamental Rights, could be struck down by the Court. This established the "basic structure doctrine", which limits the power of the legislature and ensures the protection of certain fundamental aspects of the Constitution.
The scope of reviewing laws placed under the Ninth Schedule is limited, and it primarily concerns violations of the "basic structure doctrine". In the case of I R Coelho v. State of Tamil Nadu (2007), the Supreme Court ruled that any law enacted in the Ninth Schedule after 24 April 1973 (the date of the Keshavananda Bharati judgement) must be examined under Articles 14, 19, and 21, and can be challenged if found to be inconsistent with the basic structure of the Constitution.
Despite these rulings, there have been instances where the legislature has attempted to threaten judicial review. For example, in response to the Keshavananda Bharati case, the 42nd Amendment was passed, which again opened the way for amending Fundamental Rights. However, this was later corrected by the Apex Court in the Minerva Mills case, demonstrating the ongoing dynamic between the legislature and the judiciary in India.
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The Ninth Schedule and Fundamental Rights
The Ninth Schedule of the Indian Constitution is a list of central and state laws that cannot be challenged in court. It was added to the Constitution in 1951 through the First Amendment Act, which introduced 13 laws to the Schedule. The Ninth Schedule is a special provision that allows the legislature to exempt certain laws from judicial review through a constitutional amendment.
The Ninth Schedule contains laws primarily related to agriculture and land issues, such as the abolition of the Zamindari system, as well as some laws related to reservation. For example, there is a law from Tamil Nadu in the Schedule that mandates a 69% reservation in the state. The Ninth Schedule has been used to promote social welfare and reduce economic inequality by protecting laws and policies such as reservation.
The inclusion of laws in the Ninth Schedule has been a source of controversy, with critics arguing that it has the potential to infringe upon fundamental rights. In the case of Keshavananda Bharati v. State of Kerala (1973), the Supreme Court introduced the concept of the "Basic structure of the Indian Constitution", stating that amendments that take away the essence or basic structure of the Constitution, including Fundamental Rights, can be struck down by the court. This established that laws placed under the Ninth Schedule after 1973 can be challenged on the grounds of violating Fundamental Rights or the basic structure of the Constitution.
The I.R. Coelho judgement in 2007 further clarified that laws placed under the Ninth Schedule must be examined under Articles 14, 19, and 21, and any act that is not in line with the basic structure of the Constitution can be challenged and subjected to judicial review. This judgement upheld the importance of judicial review as a fundamental feature of the Constitution, ensuring that laws are not oppressive and do not violate the rights of the people.
The Ninth Schedule has undergone significant changes since its introduction, balancing legislative action with the protection of fundamental rights. While it was initially added to protect land reforms, its scope has broadened through various amendments. The Ninth Schedule continues to be an important aspect of the Indian constitutional framework, allowing for socio-economic development while navigating the challenges of judicial review and upholding constitutional values.
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The Ninth Schedule and Article 31B
The Ninth Schedule of the Indian Constitution is a list of central and state laws that cannot be challenged in court. It was added to the constitution in 1951 through the First Amendment Act, which introduced 13 laws to the schedule. The Ninth Schedule was added in response to the Supreme Court's decision in the Shankari Prasad case (1951), which ruled that laws enacted by the Parliament could be challenged in court if they violated the fundamental rights guaranteed by the Constitution.
Article 31B was also introduced through the First Amendment Act, 1951, and it created the Ninth Schedule. Article 31B provides protection to acts and regulations included in the Ninth Schedule from being challenged or invalidated on the grounds of contravening any of the fundamental rights. This article is wider in scope than Article 31A, which protects only five specific categories of laws from being challenged on the grounds of violating the fundamental rights conferred by Articles 14 and 19 of the Constitution.
The laws included in the Ninth Schedule are primarily related to agriculture and land issues, but some laws concerning reservations are also included. For example, there is a law from Tamil Nadu in the Schedule that mandates a 69% reservation in the state. The Ninth Schedule helps to reduce economic inequality and promote social welfare through the protection of laws and policies such as reservation.
While the Ninth Schedule and Article 31B provide protection from judicial review, the Supreme Court has ruled that laws under the Ninth Schedule can be open to scrutiny if they violate Fundamental Rights or the basic structure of the Constitution. This was established in the Keshavananda Bharati v. State of Kerala case in 1973, where the Supreme Court introduced the concept of the "Basic structure of the Indian Constitution". The court ruled that all provisions of the Constitution can be amended, but those amendments that abrogate or take away the essence or basic structure of the Constitution, including Fundamental Rights, can be struck down by the court.
In the Waman Rao v. Union of India case in 1981, the Supreme Court ruled that amendments made to the Ninth Schedule after April 24, 1973, can be challenged on the grounds of constitutionality. This was reaffirmed in the I R Coelho v. State of Tamil Nadu case in 2007, where the court ruled that any law enacted in the Ninth Schedule after that date must be examined under Articles 14, 19, and 21. The court also stated that any act that is not in line with the basic structure of the Constitution can be challenged and subjected to judicial review.
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The Ninth Schedule and the First Amendment
The Ninth Schedule of the Indian Constitution is a list of central and state laws that cannot be challenged in court. It was added by the Constitution (First Amendment) Act in 1951, in response to the Supreme Court's decision in the Shankari Prasad case, which ruled that laws enacted by Parliament could be challenged if they violated the fundamental rights guaranteed by the Constitution. The Ninth Schedule is a special provision that allows the legislature to exempt certain laws from judicial review through a constitutional amendment.
The First Amendment added 13 laws to the Ninth Schedule, and subsequent amendments have since added more, with the current total being 284. These laws are primarily related to agriculture and land issues, as well as the abolition of the Zamindari system, but some laws related to reservations are also included. For example, there is a law from Tamil Nadu in the Schedule that mandates a 69% reservation in the state for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
The Ninth Schedule is created by Article 31B, which states that no law or regulation included in the Ninth Schedule can be struck down on the grounds that it violates the Fundamental Rights given in Part III of the Constitution. This article is wider in scope than Article 31A, which protects only five specific categories of laws from being challenged on the grounds of contravention of the fundamental rights conferred by Article 14 and Article 19 of the Constitution.
The validity of a law placed in the Ninth Schedule cannot be examined by any court, and no judgment can be made on it. However, this has been challenged in several Supreme Court cases, including Keshavananda Bharati v. State of Kerala (1973), Waman Rao v. Union of India (1981), and I R Coelho v. State of Tamil Nadu (2007). These cases have held that laws placed in the Ninth Schedule after April 24, 1973, can be reviewed by the courts to ensure they do not violate the basic structure of the Constitution.
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Frequently asked questions
The 9th Schedule of the Indian Constitution is a list of central and state laws that cannot be challenged in court.
The 9th Schedule was added to the Constitution in 1951 to grant protection to certain laws from judicial review. This means that once the laws are added to the 9th Schedule, they cannot be struck down for violating fundamental rights.
Currently, there are 284 laws included in the 9th Schedule, which are shielded from judicial review.
Yes, the 9th Schedule can be amended. So far, various laws have been added to the 9th Schedule through a total of 11 amendments, including the first amendment.
While the laws in the 9th Schedule are generally protected from judicial review, the Supreme Court has held that they can be challenged on the grounds of violating the "basic structure" of the Constitution or specific fundamental rights.
