9th Schedule Of The Constitution Of India

Coverage of this Article

Key Takeaways

-The Ninth Schedule contains a list of central and state legislations that are not subject to legal challenge.

Introduction

-When a new law or a change to existing law is implemented in India, it is annulled or reversed if it does not comply with constitutional rules. 

What is Ninth Schedule

-The Ninth Schedule contains a list of central and state legislations that are not subject to legal challenge.

Background

-The 9th schedule, as well as Article 31B, was introduced to the Indian Constitution in 1951 as part of the first amendment.

Objectives of the 9th Schedule

-To carry out various land reforms after the Independence.

Scope of judicial review for laws placed under the 9th Schedule

-Before going any further, it should be noted that the scope of examining laws listed in the 9th schedule is limited.

Conclusion

-Finally, it may be argued that the constitution's founders made a conscious endeavour to limit the scope of judicial review for laws included in the ninth schedule.

Key Takeaways

• The Ninth Schedule contains a list of central and state legislations that are not subject to legal challenge.
• The 9th schedule, as well as Article 31B, was introduced to the Constitution of India in 1951 as part of the 1st amendment. It was intended to adopt some new legislation that would help India become a more egalitarian nation.
• When any legislation is kept under the 9th schedule, it does not matter whether it violates the fundamental rights of a person.
• The judiciary's power of judicial review cannot be taken away, and the rule of law cannot be abolished, according to the concept of the Basic Structure of the Constitution. This philosophy ensures that federalism will not be annihilated and states will not be rendered vassals of the federal government.

Introduction

When a new law or a change to existing law is implemented in India, it is annulled or reversed if it does not comply with constitutional rules. However, this is not the case for every law that is passed, and in such circumstances, an exception is granted under Article 31B. Even if it contradicts the FRs (Fundamental Rights), a statute that is kept under the 9th schedule goes unquestioned. But, as a result of subsequent decisions, it is now well established that while such laws have constitutional validity and the government has the authority to place any law under the 9th schedule, they are also subject to judicial scrutiny if they do not comply with the "basic structure doctrine" established in the landmark judgement of Keshavananda Bharati.

What is Ninth Schedule

• The Ninth Schedule contains a list of central and state legislations that are not subject to legal challenge.
• There are now 284 such laws that are immune from judicial review.
• When the Constitution was revised for the first time in 1951, the 9th Schedule became a part of it.
• It was established by the government's new Article 31B, which, together with Article 31A, was enacted to protect legislation pertaining to agrarian reform and the abolition of the Zamindari system.
• While the majority of the legislation covered by the Schedule is related to agriculture and land, the list also includes topics like a reserve.
• The Schedule includes a Tamil Nadu law that provides for 69% reservation in the state.

Background

The 9th schedule, as well as Article 31B, was introduced to the Indian Constitution in 1951 as part of the first amendment. It was intended to adopt some new legislation that would help India become a more egalitarian nation. The amendment was necessary because, in the case of Kameshwar Singh v. The State of Bihar [AIR 1951 Pat 246], the government's decision to classify zamindars into different categories for the purpose of procuring their land was criticised by the judiciary and was a major setback, as the Court stated that doing so was a violation of Art. 14 of the Constitution, which guarantees equal protection of the laws to all citizens, as such classification was discriminatory.

Article 31B of the Constitution of India states that "Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree ororder of any court or Tribunal to the contrary, each of the said Acts and Regulations shall, subject tothe power of any competent Legislature to repeal or amend it, continue in force.”

Hence, when any legislation is kept under the 9th schedule, it does not matter whether it violates the fundamental rights of a person.This measure limited the judiciary's rights while increasing the legislature's power. As a result, a dispute between the judiciary and the government arose.

Objectives of the 9th Schedule

• To carry out various land reforms after the Independence.
• The Zamindari system must be abolished in order to put an end to feudalism and pave the way for socialism to take its place.
• Immunize certain laws that operate as stumbling blocks to reform and have the potential to infringe on basic rights.
• To protect the interests of society's weakest members by bringing them up to speed with the rest of the population.
• To achieve the constitutional goal of developing an equal society by sharing land among farmers and reducing the concentration of land in a few hands.

Scope of judicial review for laws placed under the 9th Schedule

• Before going any further, it should be noted that the scope of examining laws listed in the 9th schedule is limited. After the Kamleshwar case (supra), parliament introduced the first amendment, which included the addition of article 31B to the 9th schedule in order to give effect to agrarian reforms. The clauses were added to protect the laws that were enacted under them from judicial interference.
• After the first amendment, the case of Shankari Prasad was a major landmark case in which the topic of parliament's immunity was brought before the court. It was questioned whether Article 31B, when read in conjunction with Schedule 9, was unconstitutional because it limited the scope of judicial review.It was argued that barring such laws from judicial examination would be a breach of Article 13(2).
• While dismissing the case, the court observed that "There is a fairly clear delineation between ordinary law and constitutional law, and so, the alterations made under Article 368 are not affected by the application of Article 13”. Furthermore, under Article 368, the parliament has the capacity to change basic rights, and judicial interference is prohibited in such cases.
• However, in the Golaknath case, it was eventually decided that the parliament does not have the ability to change fundamental rights, including those on personal property. In 1971, the parliament, angered by the Golaknath decision, introduced the 24th amendment, giving it the power to change any aspect of the Constitution, including the fundamental rights.
• This period, i.e. the years following the 24th amendment, might be thought of as years of a power struggle between the legislature and the Indian judiciary, which lasted until the landmark decision in Kesavananda Bharati (24 April 1973).
• The criterion would be to see if the statute in question has the potential to violate any provision that serves as a touchstone for the Indian Constitution as a whole.
• Through the introduction of the basic structure concept, this case imposed a curb on the parliament's tremendous power and strengthened the judiciary. This case is also regarded as Indian democracy's saviour.
• When a similar case came before the court in Indira Gandhi v. Raj Narain [Appeal (Civil) - 887 of 1975], the court held that "ordinary laws placed under the 9th schedule cannot be subjected to the basic structure test, and only constitutional amendments made through Article 368 are prone to judicial scrutiny if they are violative of basic structure."
• Even after the Keshavananda Bharati decision, the legislature attempted to thwart judicial scrutiny by passing the 42nd amendment, which once again opened the door to modifying basic rights. However, in the Minerva Mills case, the Apex Court remedied the deception done by the parliament with the 42nd amendment.
• The Supreme Court in Minerva Mills knocked down sections 4 and 5 of the 42nd amendment to Article 368, stating that "the donee of a limited power cannot convert his limited authority into an infinite one by using the power that he possesses." Many other decisions, notably Waman Rao v Union of India, I R Coelho, and M Nagaraj, confirmed the notion of basic structure and the Minerva Mills decision.

Conclusion

Finally, it may be argued that the constitution's founders made a conscious endeavour to limit the scope of judicial review for laws included in the ninth schedule. This is demonstrated by the fact that the nature of the right to property has always been such as to provoke numerous conflicts. The misuse of Article 31B and the ninth schedule, on the other hand, began only after the 4th amendment, when a few non-agrarian measures were excluded from judicial review.

However, the Apex Court's intervention from Shankari Prasad to Keshavananda Bharati guaranteed that the powers of the law-making body were checked by defining the core structure of the Indian Constitution. It could be argued that when the 44th amendment repealed the statute of the right to property, the ninth schedule provisions should have been changed to allow judicial review. However, this did not occur, and Article 31B, along with the ninth schedule, continued to operate as a blanket for the parliament to include any law that it deemed suitable and proper, exposing the 9th schedule to abuse and exploitation.