Challenges of the Ninth Schedule

The following are the challenges related to the Ninth Schedule:

• The primary challenge is finding the right balance between protecting certain laws made for social and economic development while also safeguarding individual rights.
• There are concerns that governments might misuse the provision by protecting certain laws that may not necessarily serve the public interest or align with the Constitution’s spirit of social and economic equality, potentially undermining its intent.
• The lack of clarity related to the criteria for inclusion in the Ninth Schedule has led to confusion and uncertainty about the constitutionality of laws and policies and the potential for arbitrary decisions regarding the protection of laws.
• It undermines the principle of checks and balances as determining the extent to which the judiciary should intervene in reviewing laws protected by the Ninth Schedule is a debatable question. Courts must balance their role as protectors of fundamental rights with the role of the legislature to form laws.
• The Ninth Schedule allows the government to pass laws, like reservations, that may contradict the constitutional right to equality, which is a violation of fundamental rights.

Ninth Schedule of the Indian Constitution contains a list of central and state laws which cannot be challenged in courts. It is a special provision that allows the legislature to exempt certain laws from judicial review by means of Constitutional amendment. The origins, objectives, and implications of the ninth schedule provide an idea about how the balance between protecting certain laws and upholding the rights enshrined in the Constitution is maintained. In this article, we will learn about the Ninth Schedule of judicial review, laws, cases, Legal Provisions, challenges, and FAQs.