9th Schedule of Indian Constitution
The 9th Schedule of the Indian Constitution
1. What is the 9th Schedule?
The 9th Schedule was inserted into the Constitution of India by the First Amendment in 1951.
It contains a list of laws which are protected from judicial review, i.e., these laws cannot be challenged or invalidated by courts on the grounds that they violate fundamental rights.
The Schedule was created primarily to protect land reform and agrarian reform laws passed by states from being struck down by courts.
2. Purpose and Historical Context
In the years following Independence, many states enacted laws aimed at abolishing zamindari (landlordism), redistributing land to tenants, and implementing agrarian reforms.
Many of these laws were challenged in courts, especially on the grounds that they violated the right to property (then a fundamental right under Article 31).
To prevent such laws from being declared unconstitutional, the First Amendment inserted the 9th Schedule, putting such laws beyond the scrutiny of courts.
The idea was to enable the government to implement socio-economic reforms without legal hurdles.
3. Constitutional Provisions
The 9th Schedule is part of the Constitution under Article 31B.
Article 31B provides that no law placed in the 9th Schedule shall be deemed to be void or unenforceable on the grounds that it infringes fundamental rights.
Over time, many laws (hundreds) have been added to this Schedule through various constitutional amendments.
4. Impact on Fundamental Rights
Initially, any law placed in the 9th Schedule was immune from judicial review, even if it violated fundamental rights.
This was controversial because it effectively bypassed the fundamental rights guaranteed by the Constitution.
The 9th Schedule was meant as a protective shield to facilitate social justice reforms but sometimes was misused to shield laws unrelated to such reforms.
5. Landmark Judicial Pronouncements on the 9th Schedule
A. I.C. Golaknath v. State of Punjab (1967)
Although this case predates the 9th Schedule, it is important because the Supreme Court ruled that Parliament cannot amend fundamental rights under Article 368.
This judgment led to the First Amendment and the insertion of the 9th Schedule to protect reform laws from fundamental rights challenge.
B. Kesavananda Bharati v. State of Kerala (1973)
The Supreme Court held that Parliament's power to amend the Constitution is limited by the "basic structure" doctrine.
While this case did not directly address the 9th Schedule, it laid down the principle that fundamental rights and basic features of the Constitution cannot be abrogated.
C. Minerva Mills Ltd. v. Union of India (1980)
The Court emphasized that the balance between fundamental rights and directive principles is part of the basic structure.
This case reinforced the limits on Parliament’s power to bypass fundamental rights, indirectly impacting the 9th Schedule.
D. Waman Rao v. Union of India (1981)
The Court ruled that laws placed in the 9th Schedule after April 24, 1973 (the date of Kesavananda Bharati judgment), are subject to judicial review if they violate the basic structure of the Constitution.
Laws placed before this date enjoy absolute immunity; those added after are open to challenge.
E. I.R. Coelho v. State of Tamil Nadu (2007) (The Landmark Case on 9th Schedule)
This is the most significant case regarding the 9th Schedule.
The Supreme Court ruled that any law placed in the 9th Schedule after April 24, 1973, can be examined by the courts to determine whether it violates the basic structure of the Constitution, particularly fundamental rights.
Thus, judicial review was restored over laws added post-Kesavananda judgment, limiting the protective shield of the 9th Schedule.
The Court emphasized that the 9th Schedule cannot be used as a tool to shield arbitrary or unconstitutional laws.
6. Current Position
Laws placed in the 9th Schedule before April 24, 1973, enjoy absolute protection and cannot be challenged.
Laws added after April 24, 1973 are subject to judicial review based on whether they violate the basic structure.
This ensures a balance between the need for socio-economic reforms and protection of fundamental rights.
7. Criticisms and Issues
The 9th Schedule was originally intended to protect agrarian reform laws but has been criticized for being used to shield politically motivated or unrelated laws.
The restoration of judicial review by the Supreme Court in I.R. Coelho has curtailed its misuse.
Some argue the Schedule limits judicial checks and balances if used improperly.
8. Summary Table
| Aspect | Details |
|---|---|
| Introduced by | First Amendment, 1951 |
| Constitutional Article | Article 31B |
| Purpose | Protect laws (mainly land reforms) from judicial review |
| Effect | Laws in 9th Schedule cannot be challenged on fundamental rights grounds (subject to exceptions) |
| Key Judgment | I.R. Coelho v. Tamil Nadu (2007) — Judicial review possible post-1973 |
| Basic Structure Doctrine | Applies to laws in 9th Schedule added after 1973 |
9. Conclusion
The 9th Schedule is a unique feature of the Indian Constitution designed to protect socio-economic reform laws from being invalidated on fundamental rights grounds. However, its absolute immunity was curtailed by the Supreme Court in the I.R. Coelho case, which reaffirmed the power of judicial review to preserve the Constitution's basic structure.
This balance ensures that while reform laws are safeguarded, the Constitution’s core values and fundamental rights remain protected from arbitrary legislative action.
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