9th Schedule Of Indian Constitution Explained, Indian Polity

The 9th schedule of Indian constitution provides protection to laws deemed to be necessary for implementing social & economic reforms & which may violate fundamental rights & no Judicial review apply.

Table of Contents

9th schedule of Indian constitution: The 9th schedule of Indian constitution is a provision in the Constitution of India that was added by the First Amendment in 1951. The Ninth Schedule provides protection to laws that have been included in it from judicial review. The following article deals with all the important details about the 9th schedule. The viewers interested in 9th schedule can visit this article to know all the details

Background of 9th schedule of Indian constitution

The 9th schedule was added to the Indian Constitution to provide protection to laws that were enacted to bring about socio-economic changes in the country. These laws were often challenged in the courts on the grounds that they violated fundamental rights. The government felt that such laws were necessary for achieving the larger public interest and should be protected from judicial review.

Laws Included in the 9th schedule of Indian constitution

Over the years, several laws have been included in the 9th schedule. Some of the most important laws are have been listed below in this article:

The Kerala Land Reforms Act, 1963
The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993
The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950
The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960

Protection under the 9th schedule

Laws included in the Ninth Schedule are protected from judicial review on the grounds that they violate fundamental rights. This means that even if a law violates a fundamental right, it cannot be struck down by the courts if it has been included in the Ninth Schedule.

However, this protection is not absolute. In 2007, the Supreme Court ruled that laws included in the Ninth Schedule are not immune to judicial review if they violate the basic structure of the Constitution. This means that if a law included in the Ninth Schedule is found to violate the basic structure of the Constitution, it can still be struck down by the courts.

Criticism of the 9th schedule of Indian constitution

The 9th schedule of Indian constitution has been criticized on several grounds. One of the main criticisms is that it violates the basic structure of the Constitution by taking away the power of the courts to review laws that violate fundamental rights. This is seen as a violation of the principle of separation of powers, which is a key feature of the Indian Constitution.

Another criticism is that the 9th schedule has been used to protect laws that benefit certain groups at the expense of others. For example, the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993, which provides reservation to certain groups in educational institutions and government jobs, has been criticized for discriminating against other groups.

9th schedule of Indian constitution

The 9th schedule is an important provision in the Indian Constitution that provides protection to laws that are necessary for bringing about socio-economic changes in the country. While the protection provided by the 9th schedule of Indian constitution is not absolute, it has been criticized for violating the basic structure of the Constitution and for being used to protect laws that discriminate against certain groups.

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FAQs

What is the 9th Schedule of the Indian Constitution?

The 9th Schedule of the Indian Constitution is a list of laws that are exempt from judicial review on the grounds of inconsistency with fundamental rights. It was introduced by the First Amendment Act, 1951, to protect land reform and other socioeconomic legislation from being struck down by the judiciary.

How many laws are currently in the 9th Schedule of the Indian Constitution?

As of 2021, there are around 284 laws listed in the 9th Schedule of the Indian Constitution. These laws range from land reform acts to educational and cultural initiatives, and cover a wide range of social and economic issues.

Can laws listed in the 9th Schedule be challenged in court?

While laws listed in the 9th Schedule are exempt from judicial review on the grounds of inconsistency with fundamental rights, they can still be challenged in court on other grounds. For example, if a law listed in the 9th Schedule violates the basic structure of the Constitution, it can still be struck down.

Has the 9th Schedule of the Indian Constitution been controversial?

Yes, the 9th Schedule of the Indian Constitution has been a subject of controversy over the years. Critics have argued that it undermines the basic principle of separation of powers, as it allows the legislature to effectively override judicial review. However, supporters of the 9th Schedule argue that it is necessary to protect the interests of marginalized and disadvantaged groups, particularly in the areas of land reform and social welfare.