Judicial Review in the Light of 9th Schedule: A Comprehensive Study
📘 Judicial Review and the 9th Schedule: A Comprehensive Study
🔍 I. What is Judicial Review?
Judicial Review refers to the power of the Supreme Court and High Courts to examine the constitutionality of legislative and executive actions.
Rooted in Article 13(2) of the Indian Constitution:
“The State shall not make any law which takes away or abridges the rights conferred by this Part (Part III)…”
📜 II. The 9th Schedule: Origin and Purpose
Introduced by the First Constitutional Amendment (1951).
Meant to protect land reform and agrarian laws from being challenged in court for violating fundamental rights, especially Right to Property (Article 31).
Article 31B: Laws placed in the 9th Schedule are immune from challenge for violating Part III (Fundamental Rights).
🎯 Objective:
To implement Directive Principles of State Policy (Part IV) without being obstructed by litigation under Fundamental Rights (Part III).
⚖️ III. Evolution Through Key Judicial Pronouncements
1. 🧑⚖️ Shankari Prasad v. Union of India (1951)
Held: Parliament has the power to amend the Constitution, including fundamental rights, and can place laws in the 9th Schedule.
2. 🧑⚖️ Sajjan Singh v. State of Rajasthan (1965)
Reaffirmed Shankari Prasad.
3. 🧑⚖️ Golak Nath v. State of Punjab (1967)
Held: Parliament cannot amend Fundamental Rights.
Effect: Put a halt on 9th Schedule immunities until reversed.
4. 🧑⚖️ Kesavananda Bharati v. State of Kerala (1973)
Introduced the Basic Structure Doctrine.
Parliament can amend any part of the Constitution, but cannot destroy its basic structure, including judicial review and fundamental rights.
5. 🧑⚖️ Waman Rao v. Union of India (1981)
Validated laws placed in the 9th Schedule before 24 April 1973 (Kesavananda date).
Laws added after that date are open to judicial review.
🧑⚖️ IV. Landmark Case: I.R. Coelho v. State of Tamil Nadu (2007)
🔑 Key Highlights:
Unanimous 9-judge bench decision.
Held: Any law inserted into the 9th Schedule after 24 April 1973 can be challenged if it violates fundamental rights, especially those forming part of the Basic Structure.
📌 Implications:
Article 31B does not create a blanket immunity.
Parliament cannot use the 9th Schedule as a shield to violate or destroy fundamental rights like:
Equality before law (Article 14)
Freedom of speech (Article 19)
Right to life and liberty (Article 21)
🧱 V. Judicial Review as Part of the Basic Structure
Judicial Review itself is a basic feature of the Constitution (Kesavananda Bharati, I.R. Coelho).
Any attempt to nullify or restrict judicial review (including through the 9th Schedule) is unconstitutional.
📚 VI. Current Legal Position
| Aspect | Before 1973 | After 1973 |
|---|---|---|
| Can laws in 9th Schedule be challenged? | No (Absolute Immunity) | Yes, if they violate Fundamental Rights forming part of Basic Structure |
| Is Judicial Review applicable? | Limited | Fully applicable post-1973 |
| Can Parliament amend Fundamental Rights via 9th Schedule? | Only before 1973 | Restricted by Basic Structure Doctrine |
📝 VII. Conclusion
The 9th Schedule was created to protect progressive social legislation from judicial interference.
Over time, its misuse led to concerns about legislative overreach and erosion of rights.
Through cases like I.R. Coelho, the Supreme Court restored constitutional balance, asserting that Judicial Review is inviolable.
Today, any law placed in the 9th Schedule is not automatically immune—it must pass the Basic Structure test.
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