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The Ninth Schedule of Indian Constitution

The Constitution of a State provides for the rights guaranteed to its citizens and a structure within which the political system of that state should work. It contains the set of rules and regulations to be followed by the government and determines its powers and responsibilities towards the people. The CONSTITUTION of INDIA is a framework that protects the fundamental rights of its citizens and keeps the democratic system of the country intact.

The Judiciary has the power to check the law-making powers of the Legislature and Executive. All the laws made in India must follow the constitution. If laws are made against the Constitution, they are declared void by the judiciary. But, sometimes, a law is required to be made in such a way so as to promote the socio-economic development of the Nation even if they are not confirming some constitutional norms. Such laws are protected under the IX Schedule of the Indian Constitution. It was added by the Constitution (First) Amendment Act of 1951.

The Ninth Schedule of Indian Constitution

A schedule refers to a table annexed to the constitution containing additional information that is not included in the articles. The Ninth Schedule of the Constitution contains a list of legislations that are protected from Court’s interference and hence are immune from judicial review. Judicial review refers to the power of the judiciary to determine the constitutionality of the laws and orders made by the Executive and Legislative bodies of both the Central and State governments. If courts find a law violative of the Indian Constitution, such laws are declared void and cannot be enforced by the government.

This Schedule protects the laws from being challenged on the grounds that such laws are violative of the fundamental rights of people. It was added along with Article 31B through the Constitution First Amendment Act of 1951. Originally, 13 statutes were added in this Schedule that could not be challenged in court even if they violated the basic rights of individuals. At present, there are 284 laws on the list, which are added from time to time through amendments.

Main Characteristics of the Ninth Schedule

Protection from Judicial Review: In the Ninth Schedule, there are some laws that you can't challenge in court. Even if you think they go against your basic rights or other parts of the Constitution, you're out of luck.
Focus on Land Reforms: Initially, the Ninth Schedule was primarily used for laws related to land reforms, which were seen as essential for promoting social equity.
Amendments: Over the years, various laws have been added to the Ninth Schedule. The scope has expanded beyond land reforms to include other socio-economic legislation.
Current Status: The Ninth Schedule continues to evolve and is still a controversial point of discussion about its effects on the balance of power between the legislature and the judiciary.
Retrospective in nature- As per Article 31B, if an act is held unconstitutional by court and thereafter it is put under ninth schedule it will be considered as its part since its commencement.

The Introduction of Ninth Schedule in Indian Constitution

After independence, there was an urgent need for the abolition of the British laws that were against the welfare of the Indian people. The introduction of land reforms, abolition of the zamindari system, prescribing ceiling limits, etc. were among the major concerns of the government. Such steps were required for the social and economical development of the country, thereby making it an egalitarian society.

For these, the government made land acquisition laws, but such laws were challenged in courts. The courts struck down such laws mainly on the ground of discrimination in matters of payment of compensation to landlords. Also, such laws were violating the rights to equality guaranteed to such landowners under Article 14. Because of which , the land reform policies could not be implemented properly.

In the case of Kameshwar Singh vs. State of Bihar, the Bihar Land Reforms Act 1950 was challenged on the ground that the classification of zamindars was discriminatory and violates Article 14 of the Constitution. The Patna High Court decided that the law broke the rules of Article 14 because it treated zamindars differently when it came to paying compensation.

Due to such judicial decisions, it becomes hard for the government to make such laws, making the intention behind land reforms meaningless. To ensure that these kinds of laws are not challenged in court, the legislature amended the Constitution in the year 1951, which inserted the Ninth Schedule.

On 12th May 1951, the first bill to amend the constitution was introduced in the Parliament. After being moved to the Selection Committee and an intensive discussion in the Parliament, it was finally passed by the President on 18th June, 1951. It added Article 31B and the Ninth Schedule.

According to Article 31B of the Indian Constitution, all acts and regulations listed in the Ninth Schedule shall remain valid, regardless of whether they conflict with any of the rights guaranteed by Part III of the Constitution. No judgment, decree, or order of any court or tribunal can invalidate such laws.

The primary aim of this schedule is to enable the government to implement policies for the welfare of disadvantaged sections of society without the fear of judicial intervention, while still ensuring that these laws do not contravene the basic structure of the Constitution.

A Limitation on Judicial Review

Judicial review refers to the examination of the laws made by the legislature and executive by the judiciary to check whether they are in agreement with constitutional norms and the rule of equity, justice, and good conscience. This stops the decision-makers from acting against public welfare and restricts them from making laws for their own benefit. By virtue of Article 31B, the laws specified under the 9th schedule cannot be scrutinised by the courts in India. The main aim was the welfare of larger groups of society.

While giving decisions in Shakari Prasad Case and Sajjan Singh’s Case, the Supreme Court had similar views with the Legislature and held that the Parliament has power to amend the Constitution. The Court upheld the validity of amendments that were under consideration in the above cases.

But in the case of IC Golakanath vs. State of Punjab, the Supreme Court ruled that if a change to the Constitution goes against the basic rights guaranteed in Part III, the change itself is invalid and beyond the court's power. The Parliament doesn't have the authority to alter or remove the fundamental rights protected by Part III of the Constitution.

Later, in Kesavananda Bharati vs. State of Kerala, the Supreme Court held that all the provisions of the Constitution can be amended except the basic structure of the Constitution. If the basic structure changes, the law is declared unconstitutional by courts and cannot be enforced.

The doctrine of basic structure refers to a legal principle where certain features of the Constitution of a state cannot be altered. The basic structure doctrine protects the fundamental principles and essential features of the Constitution. It prevents the Parliament from amending these features, and any amendment that attempts to do so is considered unconstitutional.

Further, in the case of Waman Rao vs. Union of India, the Supreme Court held that the amendments and additions in the 9th Schedule that were made before April 24, 1973, are valid and constitutional. The amendments to the Ninth Schedule after April 24, 1973, are open to challenge on the ground that they are affecting the basic structure of the Constitution.

The case of I.R. Coelho v. State of Tamil Nadu of 2007 is a landmark case where the Supreme Court decided two major issues:

Whether an Act or Regulation that has been found to be violative of any of the Articles 14, 19, and 31 can be included in the Ninth Schedule?
Whether it is only a constitutional amendment amending the Ninth Schedule that damages the basic structure of the Constitution that can be struck down?

While deciding this case, the Supreme Court held that all amendments to the Constitution made on or after 24th April 1973 by which the Ninth Schedule is amended shall have to be tested on the criteria of basic or essential features of the Constitution as reflected in Article 21 read with Article 14, Article 19, and the principle underlying them.

The constitutional validity can be decided by applying the direct impact and effect test, i.e., the rights test, which means the form of an amendment is not the relevant factor, but the effect thereof would be the determining factor.

If the Supreme Court has already declared a law in the Ninth Schedule to be valid, you can't challenge it again based on the principles in this judgment. But, if a law that violates any rights in Part III is added to the Ninth Schedule after April 24, 1973, you can challenge it because it damages the basic structure of the constitution as per Article 21, 14, 19, and the principles that go with them.

The Evolution of the Schedule

The Ninth Schedule has undergone significant changes since its introduction, responding to the needs of Indian society while dealing with the challenges of judicial review and constitutional values. It is an important aspect of the Indian constitutional framework, balancing the tension between legislative action and the protection of fundamental rights.

It was added with the sole idea of protecting land reforms, but with the various amendments, its scope has broadened. It has become an innovative way of shielding the laws made by central and state governments and amendments of laws. Now it includes matters relating to land laws, ceiling limits, reservation of seats, etc.

It has become a tool to protect even such laws that are not meant for social welfare. The Indian Judiciary has come up with the Basic Structure Doctrine to prevent its misuse.

During the emergency period of 1975, the Thirty-Ninth Amendment further inserted acts such as The Monopolies and Restrictive Trade Practices Act, 1969 , The Maintenance of Internal Security Act, 1971 and The Coking Coal Mines (Nationalisation) Act, 1972 in the Ninth Schedule.

It is a perfect example of the abuse of the Ninth Schedule and exposes the harmful effects of having such a provision in the Constitution. Further, even today, the Ninth Schedule has not been altered adequately so as to show the ground realities. It has been a controversial matter and is prone to being misused and hence requires a proper scanning.

Frequently Asked Questions (FAQS)

What is the Ninth Schedule of the Indian Constitution?
Ninth Schedule refers to a list of some specific laws that are out of the purview of judicial review by the judiciary. It was primarily added with the view to protect land laws from court’s scrutiny. Now, a large number of laws on various matters are also added in the list.
Can laws specified in the Ninth Schedule be scrutinised by courts?
In the case of I R Coelho v. State of Tamil Nadu (2007), it was held that the laws mentioned under this schedule can be scrutinised by courts if challenged on the basis of basic structure doctrine.
Can the Ninth Schedule be amended?
Yes, the Ninth Schedule can be amended by Parliament. New laws can be added, and existing laws can be removed, but such amendments are subject to the principle of the basic structure. It is frequently amended from time to time.
How does the Ninth Schedule relate to fundamental rights?
Laws in the Ninth Schedule were initially protected from being challenged on the grounds of violating fundamental rights. However, the I.R. Coelho judgement introduced a condition that such laws cannot violate the basic structure of the Constitution, including fundamental rights.

References

Written by Samraddhi Mutha

Samraddhi is a law aspirant with a keen interest in Business and Corporate Laws, eager to work in the corporate world while gaining practical experience. As a CS aspirant, she is particularly drawn to Corporate Statutes, researching related aspects, and drafting various legal documents..