Ninth Schedule of the Indian Constitution

Ninth Schedule of the Indian Constitution contains a list of central and state laws which cannot be challenged in courts. It is a special provision that allows the legislature to exempt certain laws from judicial review by means of Constitutional amendment. The origins, objectives, and implications of the ninth schedule provide an idea about how the balance between protecting certain laws and upholding the rights enshrined in the Constitution is maintained. In this article, we will learn about the Ninth Schedule of judicial review, laws, cases, Legal Provisions, challenges, and FAQs.

What is the Ninth Schedule of the Indian Constitution?

Origin: Supreme Court, in the Shankari Prasad case (1951), ruled that laws enacted by the Parliament could be challenged if they violate the fundamental rights guaranteed by the Constitution. In response to this, Parliament added the Ninth Schedule to the constitution of India through the Constitution (First Amendment) Act, 1951. The First Amendment in 1951 added 13 laws to the schedule. It was introduced through the addition of Article 31B, which, along with Article 31A, was enacted with the aim of safeguarding laws associated with agricultural reform and the elimination of the Zamindari System.

Objective: Since its origin, the Ninth Schedule has been a subject of judicial scrutiny, legal debates, and amendments. It was initially enacted to protect laws that were essential for agrarian reforms and the abolition of the Zamindari System. However, the scope of laws included in the Ninth Schedule expanded beyond land reform to include various policy areas, including reservation, labor rights, and social welfare measures. At present, 284 such laws are included in it that are immune from judicial review.

In the News: In the recent past, the provision was in the news as the Chhattisgarh Chief Minister wrote to the Prime Minister seeking the inclusion of two amendment Bills allowing 76% quota for Scheduled Castes, Scheduled Tribes, and Other Backward Classes in jobs and educational institutions to be included in Ninth Schedule.

Legal Provisions Related to the Ninth Schedule

Specific articles within the Indian Constitution that relate to the origin and functioning of the Ninth Schedule. These articles are as follows:

• Article 31B: Article 31B forms the basis of the Ninth Schedule. It grants the legislature the power to include certain laws in the Ninth Schedule through constitutional amendments. These laws, once included, are protected from judicial review, ensuring their validity even if they appear to violate fundamental rights. Article 31B also has retrospective application, i.e., if law is added into the Ninth Schedule after it has been declared unconstitutional, it will be regarded as a part of the Schedule since its origin and thus valid.

• Article 31A: It safeguards laws that were implemented to abolish the intermediaries in land ownership, redistributing land from landlords to tillers. These laws were considered crucial for socio-economic development.
• Judicial Interpretations:

1. Keshavananda Bharati v. State of Kerala (1973): The Supreme Court ruled that the court has the authority to declare any law unconstitutional if it undermines the “Basic structure of the Indian Constitution.”
2. Waman Rao v. Union of India (1981): The Supreme Court ruled that amendments made to the Ninth Schedule after the 24th of April, 1973, are subject to challenge based on their constitutionality.
3. I R Coelho v. State of Tamil Nadu (2007): The court ruled that laws introduced in the Ninth Schedule after the 24th of April, 1973, need to undergo judicial scrutiny under Articles 14, 19, and 21 of the Constitution. In addition, the court emphasized that any legislation conflicting with the basic structure of the constitution is subject to judicial review.

Characteristics of the Ninth Schedule

Characteristics of the Ninth Schedule are as follows:

• Laws included in the Ninth Schedule are protected from being challenged in courts on the basis of inconsistency with fundamental rights guaranteed by the Constitution.
• The protection granted to laws in the Ninth Schedule extends to both pre-and post-constitutional amendments, ensuring their immunity from retrospective and future challenges.
• Laws enacted to give effect to the Directive Principles of State Policy are often included in the Ninth Schedule to support social and economic development.
• The Ninth Schedule contains laws mainly related to agrarian reforms and land issues. But some laws related to labor laws and reservations are also included. For example, it includes a Tamil Nadu law that provides 69% reservation in the state.
• The Ninth Schedule aligns with the constitutional commitment to provide an equitable society by protecting laws that promote social welfare, reduce disparities, and work for the upliftment of marginalized communities.
• The laws included in the ninth schedule are balanced with individual rights, i.e., protection from a judicial review is balanced with the core principle of the constitution, which is protecting the basic structure of the constitution, particularly the guarantee of fundamental rights.

Challenges of the Ninth Schedule

The following are the challenges related to the Ninth Schedule:

• The primary challenge is finding the right balance between protecting certain laws made for social and economic development while also safeguarding individual rights.
• There are concerns that governments might misuse the provision by protecting certain laws that may not necessarily serve the public interest or align with the Constitution’s spirit of social and economic equality, potentially undermining its intent.
• The lack of clarity related to the criteria for inclusion in the Ninth Schedule has led to confusion and uncertainty about the constitutionality of laws and policies and the potential for arbitrary decisions regarding the protection of laws.
• It undermines the principle of checks and balances as determining the extent to which the judiciary should intervene in reviewing laws protected by the Ninth Schedule is a debatable question. Courts must balance their role as protectors of fundamental rights with the role of the legislature to form laws.
• The Ninth Schedule allows the government to pass laws, like reservations, that may contradict the constitutional right to equality, which is a violation of fundamental rights.

Reforms Needed in Ninth Schedule

The proposed changes or reforms needed in the Ninth Schedule are as follows:

• Ensuring a clear and objective criterion for including laws in the Ninth Schedule to prevent arbitrary additions and ensure that only laws that genuinely require protection are shielded from judicial review.
• Limits the use of retro application of article 31 B, such as not allowing laws to be inserted into the Ninth Schedule if they were already declared unconstitutional.
• The protection given under Ninth Schedule should be limited and not absolute. The provision should not be used by the government as a means to avoid judicial scrutiny altogether.
• The laws included in the Ninth Schedule should be regularly reviewed to ensure that they are still relevant and necessary.
• Reforming the Ninth Schedule to focus mainly on laws that directly address socio-economic inequalities and promote social welfare, rather than expanding its scope to unrelated policies, such as reservation, could align it better with its original intent.
• Establishing specialized judicial review mechanisms and the government providing a clear reason for including a particular law in the Ninth Schedule.
• The Ninth Schedule should be used as a last option when all other alternatives to achieve the desired objectives are used.

In conclusion, recent cases and developments have underscored the complicated relationship between the Ninth Schedule, the protection of laws, and the preservation of fundamental rights. It highlights the evolving nature of India’s Constitution and the ongoing quest to ensure a just and equitable society while upholding the rights enshrined in the Constitution.

FAQs on Ninth Schedule

Q: What is the Ninth Schedule in the context of Indian law?

Answer:

Ninth Schedule of the Indian Constitution contains a list of central and state laws which cannot be challenged in courts. It is a special provision that allows the legislature to exempt certain laws from judicial review by means of Constitutional amendment.

Q: Why was the Ninth Schedule introduced?

Answer:

The Ninth Schedule was introduced to protect certain laws, mainly related to land reforms, agrarian policies, and other social welfare measures, from legal challenges based on the violation of fundamental rights, particularly the right to property.

Q: Are all laws included in the Ninth Schedule protected indefinitely?

Answer:

No, not all laws in the Ninth Schedule are protected indefinitely. The Supreme Court has the authority to review and nullify laws if they are found to be arbitrary, unreasonable, or violative of the basic structure of the Constitution, even if they are in the Ninth Schedule.

Q: Can new laws be added to the Ninth Schedule?

Answer:

Yes, new laws can be added to the Ninth Schedule by the parliament through constitutional amendments. However, the Supreme Court has the power to review these laws for consistency with the Constitution.

Q: What kind of laws are mainly included in the Ninth Schedule?

Answer:

Laws related to land reforms, tenancy rights, abolition of intermediaries, educational reservations, and laws aimed at addressing socioeconomic inequalities are mainly included in the Ninth Schedule. These laws are enacted to bring about social and economic justice.