9th Schedule of the Indian Constitution: An Explainer

March 19, 2024

8 Minutes

Introduction

The Indian Constitution is the cornerstone of the nation's legal and political framework, outlining the structure of government, the distribution of powers, and the rights and duties of citizens. Among its provisions, the Ninth Schedule plays a pivotal role, designed to protect certain laws from judicial scrutiny. Originally instituted to safeguard land reform and agrarian laws, its scope has expanded over the years, making it a subject of significant legal and political debate.

Historical Background

The 9th Schedule of Indian Constitution was added after the nation got its independence from the British in 1947. The idea behind adding the schedule was to help the country make necessary changes regarding the ownership and usage of land in the country.

First Amendment in 1951

This was when the Ninth Schedule was first introduced. The government wanted to make sure that laws related to changing who owns the land couldn't be easily stopped or questioned in court.

Need for an Agrarian Reform

The main idea was to make sure land was distributed more fairly. Before this, only a few people owned most of the land, while many others worked on these lands without owning any part of it. The government wanted to change this so more people could own land.

Ending the Zamindari System

The Zamindari system was a way of owning land that let a small number of people (called Zamindars) control a lot of land and the people working on it. The government wanted to stop this system to help those who worked the land get a chance to own it. This needed strong legal support so that these changes couldn't be easily challenged or undone.

These steps were taken to make sure that the wealth of the land was shared more equally among the people, especially those who were working hard on it but didn't own any part of it. The Ninth Schedule was a tool to protect these changes and make sure they could happen without getting stuck in legal problems.

Content and Importance

The Ninth Schedule of the Constitution is like a protective shield for certain laws. It makes these laws safe from being questioned in court, especially if someone thinks these laws go against the fundamental rights in the Constitution. Here's a closer look:

Protection from Judicial Review

The laws in the Ninth Schedule are special because courts can't question them. This means even if someone thinks a law goes against their fundamental rights, the court can't use this reason to challenge these laws.

Inclusions

At first, this Schedule was mostly for laws about changing how land was owned (agrarian reform). But over time, more types of laws were added. This includes laws on different topics that the government thinks are important for society.

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Significance of the 9th Schedule of the Indian Constitution

The main goal was to help the government make big changes, especially for improving society and the economy, without worrying about these laws being stopped by the courts. It's like giving the government a special tool to do good things for the country without interruptions.

In simple terms, the Ninth Schedule helps the government make and keep laws that are important for making life better for everyone, without these laws being easily stopped or questioned in court.

Major Amendments and Changes

Over time, there have been changes to the Ninth Schedule because the government's goals and how people understand laws have changed. Here are some key points:

• 42nd Amendment: This change happened during the time of Emergency, when the government had a lot of power under the leadership of Smt Indira Gandhi. The government made a big change to the Ninth Schedule. Before, it was mostly about laws for sharing land more fairly. But after this change, the government could put many different types of laws in the Ninth Schedule, not just about land. This meant more laws could be protected from being questioned in court.
• Commentary: These changes made some people happy because they thought it would help the government do more good things without problems. But other people were worried. They thought it might mean the government could make any law it wanted without enough checks, possibly even unfair laws, and those laws couldn't be challenged easily.

Landmark Judgments

The Supreme Court of India, which is like the highest teacher checking the homework of the government, has had to look closely at the Ninth Schedule several times. They needed to make sure everything was done right. Here's a significant case:

I.R. Coelho Case (2007)

In this case, the Supreme Court said something very important. They said if any law added to the Ninth Schedule after April 24, 1973, goes against the basic ideas of the Constitution, then that law can be looked at by the court. April 24, 1973, is important because that's when another big case was decided that talked about the basic structure of the Constitution.

What This Means: Before this case, it was like the laws in the Ninth Schedule had a super shield; no matter what, they couldn't be questioned. But after this case, the Supreme Court said there's a limit to this shield. If a law really goes against the most important ideas of the Constitution, then it can be examined. This was a way to make sure that the super shield wasn't used to protect unfair laws.

So, these changes and court decisions have shaped how the Ninth Schedule works. It's like a balance game, trying to make sure the government can do its job in making laws for the country's good while also making sure that these laws are fair and respect the Constitution.

Current Status and Controversies

Today, the Ninth Schedule is still a hot topic of discussion. It's a balance between the government making laws for the good of the people and making sure those laws don't take away important rights.

• Present-Day Debates: People are still talking about whether it's right to use the Ninth Schedule to keep laws from being reviewed by courts. This is because it's crucial to make sure that laws, especially new ones, are fair and respect people's rights.
• Misuse Concerns: Some people are worried that the government could misuse the Ninth Schedule. They say it might be used to protect laws that shouldn't be protected because they don't follow the Constitution. This is why there's a call for more careful watching and balancing to make sure laws are both good for society and respect people's rights.

Conclusion

The Ninth Schedule exemplifies the dynamic interplay between governance, law, and societal needs. While it has enabled significant socio-economic reforms, the Schedule also underscores the ongoing debate between enacting necessary legislation and upholding the sanctity of fundamental rights. As India evolves, so too will the role and interpretation of the Ninth Schedule, reflecting the nation's journey towards justice and equity.

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