Reforms Needed in Ninth Schedule

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

• Ensuring a clear and objective criterion for including laws in the Ninth Schedule to prevent arbitrary additions and ensure that only laws that genuinely require protection are shielded from judicial review.
• Limits the use of retro application of article 31 B, such as not allowing laws to be inserted into the Ninth Schedule if they were already declared unconstitutional.
• The protection given under Ninth Schedule should be limited and not absolute. The provision should not be used by the government as a means to avoid judicial scrutiny altogether.
• The laws included in the Ninth Schedule should be regularly reviewed to ensure that they are still relevant and necessary.
• Reforming the Ninth Schedule to focus mainly on laws that directly address socio-economic inequalities and promote social welfare, rather than expanding its scope to unrelated policies, such as reservation, could align it better with its original intent.
• Establishing specialized judicial review mechanisms and the government providing a clear reason for including a particular law in the Ninth Schedule.
• The Ninth Schedule should be used as a last option when all other alternatives to achieve the desired objectives are used.

In conclusion, recent cases and developments have underscored the complicated relationship between the Ninth Schedule, the protection of laws, and the preservation of fundamental rights. It highlights the evolving nature of India’s Constitution and the ongoing quest to ensure a just and equitable society while upholding the rights enshrined in the 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.