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.

Objective: Since its origin, the Ninth Schedule has been a subject of judicial scrutiny, legal debates, and amendments. It was initially enacted to protect laws that were essential for agrarian reforms and the abolition of the Zamindari System. However, the scope of laws included in the Ninth Schedule expanded beyond land reform to include various policy areas, including reservation, labor rights, and social welfare measures. At present, 284 such laws are included in it that are immune from judicial review.

In the News: In the recent past, the provision was in the news as the Chhattisgarh Chief Minister wrote to the Prime Minister seeking the inclusion of two amendment Bills allowing 76% quota for Scheduled Castes, Scheduled Tribes, and Other Backward Classes in jobs and educational institutions to be included in Ninth Schedule.

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.