The Ninth Schedule of the Indian Constitution holds a unique place in constitutional law. Initially intended to protect agrarian reform laws from judicial scrutiny, it has since evolved into a powerful tool used by the legislature to shield various laws from being invalidated on the grounds of violating Fundamental Rights. Let’s explore the concept, origin, judicial interpretation, and its constitutional significance in detail.
Origin and Purpose of the Ninth Schedule
The Ninth Schedule was introduced through the First Constitutional Amendment Act, 1951. This schedule was primarily designed to safeguard land reform and agrarian reform laws enacted by the state legislatures, which were often challenged in courts for violating the Right to Property under Article 31 (now repealed).
Objective:
- To ensure social justice and equitable distribution of land.
- To exclude certain laws from the purview of judicial review, particularly those aimed at implementing the Directive Principles of State Policy (DPSPs).
Key Provision: Article 31-B
The Ninth Schedule is closely associated with Article 31-B of the Constitution.
Article 31-B:
- Provides that none of the acts and regulations specified in the Ninth Schedule shall be deemed void or ever to have become void for being inconsistent with any of the Fundamental Rights.
- It applies retrospectively as well, meaning even laws that were unconstitutional at the time of enactment become valid once included in the Schedule.
Judicial Interpretations and Landmark Cases
Over the years, the judiciary has played a significant role in interpreting the scope and limitations of the Ninth Schedule.
1. Shankari Prasad v. Union of India (1951)
- The Supreme Court upheld the validity of the First Amendment and stated that Parliament had the power to amend any part of the Constitution, including Fundamental Rights.
2. Kesavananda Bharati v. State of Kerala (1973)
- Introduced the Basic Structure Doctrine.
- Held that Parliament cannot alter the basic structure of the Constitution, even under its amending power.
3. Waman Rao v. Union of India (1981)
- The Court held that laws placed in the Ninth Schedule after April 24, 1973 (the date of Kesavananda judgment) would be open to judicial review if they damage or destroy the basic structure.
4. I.R. Coelho v. State of Tamil Nadu (2007)
- A Constitution Bench of nine judges reaffirmed that any law inserted into the Ninth Schedule after April 24, 1973, must be tested against the touchstone of Fundamental Rights.
- Laws that violate the basic structure of the Constitution are subject to judicial review, even if they are in the Ninth Schedule.
Criticism of the Ninth Schedule
While the Ninth Schedule was created with noble intentions, its misuse has been a matter of concern:
Major Criticisms:
- Used as a political tool to protect controversial laws from judicial scrutiny.
- Dilutes the supremacy of Fundamental Rights.
- Violates the principle of checks and balances.
Current Status and Implications
Today, more than 280 laws are included in the Ninth Schedule. However, post the I.R. Coelho judgment, laws added after 24th April 1973 can be reviewed by courts if they infringe upon Fundamental Rights or affect the basic structure.
