9th Schedule of the Indian Constitution: Constitutional Features, Criticism, & Significant Cases

The 9th Schedule of the Indian Constitution contains a list of central and state laws to protect the land and reservation-related laws.

Originally, the Constitution of India included only 8 schedules, but currently there are 12 schedules in the Indian Constitution after the various amendments.

The main objective of these schedules is to sort out any uncertainty in any articles of the Indian Constitution.

Schedule of the Indian Constitution

According to the National Portal of India, the Constitution of India was adopted by the Constituent Assembly on 26th November, 1949, and came into force on 26th January, 1950. Originally, there were 8 Schedules in the Indian Constitution, but later on, with various amendments, currently, there are 12 Schedules in the Indian Constitution. 

About the 9th Schedule of the Indian Constitution

The 9th Schedule of the Indian Constitution contains a list of the central and state laws that cannot be changed in the courts. 

• It was added by the First Constitutional Amendment Act, 1951, and there were 13 laws added to this schedule.

• It was added by the First Amendment Act in response to the Supreme Court decision in the Shankari Prasad case (1951), which granted the rule that the laws that were enacted in the Parliament, if they violate the Fundamental Right which was guaranteed by the Constitution of India, can be challenged in the Supreme Court.

• The Ninth Schedule holds a special provision in the Indian Constitution which allows the legislature to exempt certain laws to protect land and reservation-related issues.

• The 9th Schedule of the Indian Constitution was added with the insertion of new Article 31B along with Article 31A to protect the laws related to agrarian land reform, the laws with existing laws, and to abolish the Zamindari system. 

Constitution Features of the 9th Schedule of the Indian Constitution

These are some constitutional features of the 9th Schedule of the Indian Constitution given below:

• Article 31B: This article mainly deals with the protection of acts and regulations included in the Ninth Schedule of the Indian Constitution that are protected from judicial review if the rules violate the fundamental rights.

• Wider scope than Article 31A: It has a wider scope than Article 31A, while Article 31A only protects five specific categories of laws from being challenged by judicial review for contravention of the fundamental rights under Articles 14 & 19. 

• Protects mainly land and reservation land: The 9th Schedule of the Indian Constitution is primarily related to agriculture and land issues.

Criticism of the 9th Schedule of the Indian Constitution

There are many criticisms of the 9th Schedule of the Indian Constitution that are given below:

• It violates the Fundamental Right, as the Ninth Schedule of the Indian Constitution allows the government to enact laws such as reservation that violate the right to equality, land-related laws and agricultural issues.

• Through the 9th Schedule of the Indian Constitution, it can be misused, as the government can add any laws under the Ninth Schedule for any political reasons, which can lead to a lack of accountability and transparency.

• The laws which are added to the 9th Schedule of the Indian Constitution are restricted from judicial review.

Significant Cases Dealing With the 9th Schedule of the Indian Constitution

These are some significant cases dealing with the 9th Schedule of the Indian Constitution, that are:

1. Keshavananda Bharati v. State of Kerala (1973): The Supreme Court held that any law which violates "Basic structure of the Indian Constitution" can be declared unconstitutional by the court.

2. Waman Rao v. Union of India (1981): In this significant decision, the Supreme Court ruled that the amendments made after 24th April 1973 in the Ninth Schedule can be challenged on the grounds of constitutionality.

3. I R Coelho v. State of Tamil Nadu (2007): The court ruled that any law enacted in the Ninth Schedule after 24th April 1973 must be examined under Articles 14, 19, and 21. Furthermore, it stated that any act that is not in line with the basic structure of the constitution can be challenged and subjected to judicial review.

So, the Ninth Schedule of the Indian Constitution is to ensure the National Commission reviews the working of the Constitution, transparent process, and limited protection, and there must be a review mechanism.