Ninth Schedule

Q: What is the Ninth Schedule in the context of Indian law?

Answer:

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.

Q: Why was the Ninth Schedule introduced?

Answer:

The Ninth Schedule was introduced to protect certain laws, mainly related to land reforms, agrarian policies, and other social welfare measures, from legal challenges based on the violation of fundamental rights, particularly the right to property.

Q: Are all laws included in the Ninth Schedule protected indefinitely?

Answer:

No, not all laws in the Ninth Schedule are protected indefinitely. The Supreme Court has the authority to review and nullify laws if they are found to be arbitrary, unreasonable, or violative of the basic structure of the Constitution, even if they are in the Ninth Schedule.

Q: Can new laws be added to the Ninth Schedule?

Answer:

Yes, new laws can be added to the Ninth Schedule by the parliament through constitutional amendments. However, the Supreme Court has the power to review these laws for consistency with the Constitution.

Q: What kind of laws are mainly included in the Ninth Schedule?

Answer:

Laws related to land reforms, tenancy rights, abolition of intermediaries, educational reservations, and laws aimed at addressing socioeconomic inequalities are mainly included in the Ninth Schedule. These laws are enacted to bring about social and economic justice.



Ninth Schedule of the Indian Constitution

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.

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What is the Ninth Schedule of the Indian Constitution?

Origin: Supreme Court, in the Shankari Prasad case (1951), ruled that laws enacted by the Parliament could be challenged if they violate the fundamental rights guaranteed by the Constitution. In response to this, Parliament added the Ninth Schedule to the constitution of India through the Constitution (First Amendment) Act, 1951. The First Amendment in 1951 added 13 laws to the schedule. It was introduced through the addition of Article 31B, which, along with Article 31A, was enacted with the aim of safeguarding laws associated with agricultural reform and the elimination of the Zamindari System....

Legal Provisions Related to the Ninth Schedule

Specific articles within the Indian Constitution that relate to the origin and functioning of the Ninth Schedule. These articles are as follows:...

Characteristics of the Ninth Schedule

Characteristics of the Ninth Schedule are as follows:...

Challenges of the Ninth Schedule

The following are the challenges related to the Ninth Schedule:...

Reforms Needed in Ninth Schedule

The proposed changes or reforms needed in the Ninth Schedule are as follows:...

FAQs on Ninth Schedule

Q: What is the Ninth Schedule in the context of Indian law?...

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