Malcolm Rivera
The Ninth Schedule of the Indian Constitution, which contains a list of central and state laws that cannot be challenged in court, was added by the Constitution (First Amendment) Act in 1951. The Ninth Schedule was added to the Constitution 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.
| Characteristics | Values |
|---|---|
| Year of Amendment | 1951 |
| Amendment Number | First |
| Number of Acts Introduced | 13 |
| Number of Acts Currently | 282-284 |
| Purpose | Grant protection to certain laws from judicial review |
| Article Added | Article 31B |
| Article 31B States | No law or regulation included in the Ninth Schedule can be struck down |
| Number of Amendments to Include Laws | 11 |
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What You'll Learn
The Ninth Schedule was added to protect laws from judicial review
The Ninth Schedule of the Indian Constitution was added by the First Amendment in 1951. The Ninth Schedule was added to protect laws from judicial review, meaning that once the laws are put in the Ninth Schedule, they cannot be struck down for violating fundamental rights.
The Ninth Schedule was created by the new Article 31B, which, along with Article 31A, was brought in by the government to protect laws related to agrarian reform and abolishing the Zamindari system. While Article 31A extends protection to 'classes' of laws, Article 31B shields specific laws or enactments. Article 31B 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.
The Ninth Schedule was initially intended for land reforms and ceiling laws, but it was misused with controversial additions like Emergency laws in the 1970s. 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 violate the 'basic structure' or specific fundamental rights. The Supreme Court ruled that laws included in the Ninth Schedule after April 24, 1973 (the date of the Keshavananda Bharati judgment) can be reviewed by the courts to ensure these laws do not violate the basic structure of the Constitution.
The National Commission to Review the Working of the Constitution (2002) recommended that there should be guidelines for governments on what kinds of laws can be included in the Ninth Schedule to ensure that this provision, brought in as a protective measure, is not misused as a loophole by the government.
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Article 31B was added to the Constitution
The Ninth Schedule of the Indian Constitution was added by the First Amendment in 1951. This amendment also added 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.
The Ninth Schedule was created in response to the Supreme Court's decision in the Shankari Prasad case (1951). The court ruled that laws enacted by Parliament could be challenged if they violated the fundamental rights guaranteed by the Constitution. The Ninth Schedule was therefore introduced to protect certain laws from judicial review. This meant that once laws were added to the Ninth Schedule, they could not be struck down for violating fundamental rights.
Initially, 13 Acts were introduced to the Ninth Schedule, but since then, around 282 Acts have been added. Most of these Acts or Regulations deal with land reforms and the abolition of the Zamindari system, although some additions were controversial, such as the Emergency Laws in the 1970s. The lack of criteria for the inclusion of laws in the Ninth Schedule led to the potential for misuse, and the Ninth Schedule was challenged in the IR Coelho Case.
The Supreme Court upheld its jurisdiction to review laws added to the Ninth Schedule after 1973 to ensure they did not violate the basic structure of the Constitution. This balance between legislative freedom and protecting citizens' rights was ensured by the court's ruling in the IR Coelho case, which allowed for judicial review of laws added to the Ninth Schedule after 1973.
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The Ninth Schedule was challenged in the IR Coelho Case
The Ninth Schedule of the Indian Constitution was added by the First Amendment in 1951. It included a list of Central and State laws that could not be challenged in courts. While it was initially intended for land reforms and ceiling laws, it was misused with controversial additions like Emergency laws.
The Supreme Court held that any law included in the Ninth Schedule after the date of the judgement in the Kesavananda Bharati case (24th April 1973) could be subjected to judicial review if it violated the basic structure of the Constitution. This meant that laws added to the Ninth Schedule after 1973 could be reviewed by the courts to ensure they did not violate fundamental rights or the basic structure of the Constitution.
The Coelho judgement asserted that even if a law is placed in the Ninth Schedule, it would still be subject to judicial review if it infringes upon the basic structure of the Constitution. This decision effectively limited the power of Parliament to insulate laws from judicial scrutiny and upheld the crucial role of judicial review in maintaining constitutional values and principles.
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The Ninth Schedule was added in response to the Shankari Prasad case
The Ninth Schedule of the Indian Constitution was added by the First Amendment in 1951. It was introduced to protect certain laws from judicial review, which means that laws entered in the Ninth Schedule cannot be struck down for violating fundamental rights. The Ninth Schedule was added to the Constitution in response to the Shankari Prasad case, also known as Shankari Prasad Singh Deo v. Union of India, which was a key moment in Indian constitutional law. The case challenged the First Amendment Act, 1951, which curtailed the Right to Property.
The Shankari Prasad case began in Kashipur, West Bengal, in 1951, when zamindar Shankari Prasad Singh Deo challenged the abolition of the zamindari system, which was the new nation's first plank for social revolution. The Patna High Court had struck down the Bihar State Management of Estates and Tenures Act, 1949, as unconstitutional, as it violated the zamindars' right to equality since their land was taken without compensation. The Shankari Prasad case challenged the First Amendment and the urgency with which it was introduced. The implication of the ruling was that fundamental rights are not inalienable and can be altered through constitutional amendments.
The Ninth Schedule was introduced to protect laws from judicial interference. Articles 31A and 31B were inserted into the Constitution, shielding land reform laws from judicial review, particularly laws aimed at the acquisition of estates. Article 31A stated that any law related to land reforms could not be struck down for violating fundamental rights, particularly the right to property (Article 31). Article 31B ensured that the laws specified in the Ninth Schedule, even if they conflicted with fundamental rights, would remain valid and enforceable.
The Ninth Schedule was intended to protect laws related to land reforms, redistribution of wealth, labour laws, and laws related to taxes and revenue. It was also meant to prevent the concentration of land in a few hands and promote a just and equitable society. However, the Ninth Schedule has been criticised for lacking clarity regarding the criteria for the inclusion of laws, creating confusion about the constitutionality of laws and leading to a lack of transparency and accountability.
The validity of the Ninth Schedule has been challenged in various Supreme Court cases, including I R Coelho v. State of Tamil Nadu (2007), which held that laws included 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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The Ninth Schedule contains central and state laws
The Ninth Schedule was introduced to the Constitution of India by the First Amendment in 1951. It was created by the new Article 31B, which was brought in by the government to protect laws related to agrarian reform and the abolishment of the Zamindari system. The Zamindari system, in place during the British Raj, involved Zamindars owning large areas of land while extracting rent from peasants and paying taxes to the British.
The Ninth Schedule contains a list of central and state laws that cannot be challenged in courts. While Article 31A extends protection to 'classes' of laws, Article 31B shields specific laws or enactments. The first amendment added 13 laws to the Ninth Schedule, and subsequent amendments have since taken the number of protected laws to 284. While most of the laws protected under the Schedule concern agriculture or land issues, the list includes other subjects as well.
The inclusion of laws in the Ninth Schedule shields them from judicial scrutiny, and no judgement can be made on them. However, the Supreme Court has stated that even laws under the Ninth Schedule would be open to scrutiny if they violated Fundamental Rights or the basic structure of the Constitution. This was upheld in the I R Coelho v. State of Tamil Nadu case in 2007, where the court ruled that laws included in Schedule 9 after April 24, 1973 (the date of the Keshavananda Bharati judgment) can be reviewed by the courts to ensure these laws do not violate the basic structure of the Constitution.
The Chhattisgarh government has argued for the inclusion of two amendment bills in the Ninth Schedule, which would provide for higher quotas in jobs and educational institutions for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
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Frequently asked questions
The Ninth Schedule was added to the Indian Constitution in 1951 through the First Amendment Act.
The Ninth Schedule of the Indian Constitution contains a list of central and state laws that cannot be challenged in court.
Yes, laws can be removed from the Ninth Schedule by an act of Parliament.
