Ninth Schedule of Indian Constitution: Features, Criticisms & More| UPSC Notes

The Ninth Schedule of the Indian Constitution was introduced by the First Amendment in 1951 to provide a protective umbrella to land reform and other progressive laws that had sought to reduce the burgeoning socio-economic inequalities and those challenged in courts on grounds of violating fundamental rights. Specific laws protected against judicial scrutiny have been put in the Schedule, so that the state is free to introduce social and economic reforms without hindrance from courts. This provision was originally introduced to ensure that agrarian reforms, so crucial to the socio-economic development of India after independence, were continued and succeeded.

This topic falls under UPSC Mains Paper-II under the subject Indian Constitution, Polity, Governance, and Social Justice. It is crucial for understanding the balance between judicial review and parliamentary sovereignty in India and how social and economic legislations can have constitutional protection.

About the Ninth Schedule of the Indian Constitution

The Ninth Schedule was inserted in the Constitution of India in 1951 by the First Amendment. This legislative device was designed to safeguard certain laws, chiefly relating to land reforms, from judicial scrutiny so that such laws could be implemented without interference. At that point in time, a large number of progressive laws aimed at reducing socio-economic inequalities were being challenged in courts as violating fundamental rights. The fact that these legislations were placed in the Ninth Schedule rendered them immune from such challenges, which formed a landmark step toward India's socio-economic transformation after independence. Such a protective measure gave the impetus to the Indian government to go vigorously forward with the much-needed agrarian reforms by breaking up the feudal land systems and handing over the land to the landless and poorest of the poor, thus paving the way for a socially just and equitable society.

What are Bills?

Bills are proposals for new laws, or amendments to existing laws, that go through the process of debate before Parliament or a state legislature. Before a Bill is enacted as an Act, it passes through various stages: its introduction, consideration by committees, debate, voting, and presidential assent. Various kinds of bills exist, and they include the following types:

• Ordinary Bills: These are bills other than financial subjects, and they may be introduced in either House of Parliament.
• Money Bills: These are related to taxation, public expenditure, and matters of revenue. They can be introduced only in the Lok Sabha, and with the recommendation of the President.
• Financial Bills: They are general in nature. They encompass all money matters of the Union or States or both. It can be introduced in either House of Parliament.
• Constitutional Amendment Bills: These are introduced for amending the Constitution. These require a special majority in each House of Parliament.

When a bill is passed in both houses of Parliament and receives the assent of the President, it becomes an act and is placed in the statute books as law.

Need to Include these Bills in the Ninth Schedule

The need for inclusion of some bills in the Ninth Schedule stemmed from the desire to protect progressive laws from judicial scrutiny. Historically, laws relating to land reforms and other socio-economic development were struck down repeatedly by the courts as violating fundamental rights. The legislature, by putting these laws in the Ninth Schedule, makes sure that it cannot be easily challenged and invalidated, thus facilitating the uninterrupted implementation of measures of social justice and equality. This was of special significance in the early years of India's independence when agrarian reforms were a necessity for destroying feudal structures as well as providing economic equity.

For example, various state legislations aimed at ending the zamindari system and redistribution of land were included in the Ninth Schedule so that these important reforms did not get held up in prolonged litigation that might decentralize or defeat the very purpose of these legislations. Thus, the inclusion of laws within the Ninth Schedule was visualized as an imperative to encourage and safeguard significant socio-economic changes.

Read the article on How a bill is passed in the Indian parliament!

Salient Features of the Ninth Schedule of the Indian Constitution

The Ninth Schedule provides immunity from judicial review for laws included within it, primarily to protect land reform and socio-economic legislation. It acts as a constitutional shield to ensure these progressive laws can be implemented without interference, aiming to reduce social and economic inequalities.

• Special Protection: Laws in the Ninth Schedule have the added feature of not being subject to judicial review; that is, they cannot be declared void on grounds of inconsistency with fundamental rights.
• Legal Certainty: The protection afforded to socio-economic reforms, especially land reform measures, from legal challenge was for providing legal certainty. This was crucial for ensuring that policies reducing inequality and advancing social justice were implemented.
• Broad Ambit: From land reforms, it expanded to encompass other social and economic legislations. For example, the laws on affirmative action, welfare measures, and several economic regulations have been included within the Ninth Schedule from time to time.
• Constitutional Shield: This provision acts as a constitutional shield for laws enacted to reduce social inequalities and to achieve social justice. This provision is used to immunize such laws from challenges and prevent them from getting mired in litigation.
• Legislative Sovereignty: This is in furtherance of legislative sovereignty, where the judiciary cannot have overreach into the socio-economic policies framed by the legislature. This allows the elected representatives to enact and bring into effect laws based on public will and policy objectives.
• Over 280 Laws: According to the latest available official data, more than 284 laws have been brought within the Ninth Schedule, which represents an exhaustive range of socio-economic purposes.

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Criticisms of the Ninth Schedule of Indian Constitution

Critics argue that the Ninth Schedule undermines judicial independence by removing the judiciary's power to review the laws listed within it. Additionally, it potentially facilitates the misuse of legislative power, as laws can be shielded from accountability and constitutional scrutiny.

• Judicial Independence: The critics argue that it destroys judicial review, which is part of the basic structure of the Constitution. Judicial review serves as a check on the power of the legislature, ensuring that the laws will be in consonance with constitutional principles.
• Misuse of Power: There have been instances where the Ninth Schedule has been allegedly misused to protect legislations that not only do not further social justice but even serve political or vested interests.
• Lack of Accountability: If laws are shielded from judicial scrutiny, that layer of accountability that ensures that laws are fair and just is removed. Legislatures may adopt measures which are not subject to constitutional and human rights standards.
• Overreach: It allows the legislature to overreach its powers by enacting laws that remain unchecked, potentially affecting the balance of power between the judiciary and the legislature.
• Dilution of Fundamental Rights: This Ninth Schedule listing of laws is seen to result in dilution of fundamental rights assured to people under the Constitution. More worrying is the fact that these freedoms and rights are hard-won and valued in a democratic polity.
• Ambiguities and Inconsistencies: This has been a developing ambiguity, particularly in the flow of laws under the Ninth Schedule, and inconsistencies in their judicial interpretation.

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Judicial Interpretations of the Ninth Schedule of Indian Constitution

The constitutional validity of the Ninth Schedule has been tested many times before the judiciary. One such interpretation was the case of IR Coelho vs. State of Tamil Nadu in 2007. The apex court held that the laws put in the Ninth Schedule after April 24, 1973, the date of Kesavananda Bharati judgment, are open to judicial review if they violate the basic structure of the Constitution.

The landmark judgment reiterated that while the Ninth Schedule provided a protective umbrella, it could not be used to bypass the fundamental rights and principles which form the core of the Constitution. Not all portions of the Ninth Schedule are immune from judicial scrutiny, particularly those included after the said date, the apex court made clear in its verdict.

The Kesavananda Bharati Case itself, in 1973, had played a very important role in developing the "basic structure" doctrine, that is, the Constitution's basic framework cannot be altered by amendments. This doctrine played a very important role since then in balancing the power amongst various organs of the Constitution.

Read the article on the Sessions of Indian parliament!

Ensuring the Appropriate Use of the Ninth Schedule of the Constitution

To ensure the appropriate use of the Ninth Schedule, vigilant legislative oversight and periodic review are essential to align listed laws with social justice objectives. Transparency and public accountability must be maintained to prevent misuse and uphold constitutional norms and principles.

• Vigilant Legislative Intent: Any laws placed within the Ninth Schedule ought to genuinely be imbued with the intent to promote social justice and economic development. That is to say, such a law must be open to close scrutiny in having to conform to its avowed purpose.
• Judicial Safeguards: Even with the Ninth Schedule, judicial safeguards should be in place to review any possible abuse of power by the judiciary. It would be in periodic judicial reviews of the existing laws within the Schedule, so as to make them conform to the principles enshrined in the Constitution.
• Periodic Review: Periodic review of the laws listed under the schedule can ensure that they remain relevant and just. This could be achieved either by a designated constitutional body or with the help of legislative mechanisms.
• Transparency and Accountability: Ensure transparency in the legislative process and uphold accountability for maintaining the integrity of the Ninth Schedule. Public consultations and debates can prove very seminal in this process.
• Public Awareness: To make people more aware of the Ninth Schedule, an informed citizenry is required which can question the government. An educated citizen will more likely participate in the democratic process and raise their voices for just legislation.
• Legislative Scrutiny: More effective scrutiny in the enactment procedure of the legislature before putting any law in the Ninth Schedule may be done by detailed debates and discussions, cost-benefit analyses, and impact assessment.
• Protection of Fundamental Rights: The laws included should not disproportionately infringe upon the fundamental rights. This balance is highly essential to maintain the democratic ethos of the Constitution.
• Adherence to Constitutional Norms: Principles and norms of the Constitution are to be maintained with much adherence. This includes respect for the role of the judiciary in maintaining the constitutional values and safeguarding the citizen's rights.

Key Takeaways for UPSC Aspirants Introduction and Objective: The Ninth Schedule was introduced through the First Amendment in 1951 to protect socio-economic legislations, particularly land reform laws, from being challenged in courts for violating fundamental rights. Shield Against Judicial Review: Laws included in the Ninth Schedule cannot be invalidated by the judiciary on the grounds that they violate fundamental rights, thus ensuring the smooth implementation of such reforms. Broad Scope and Evolution: While initially focused on land reforms, the Ninth Schedule's scope has broadened over time to include various social and economic legislation, reflecting its evolving role in promoting social justice. Judicial Interpretations: The IR Coelho vs. State of Tamil Nadu (2007) case is a landmark judgment where the Supreme Court ruled that laws added to the Ninth Schedule after April 24, 1973, are open to judicial review if they violate the basic structure of the Constitution. Criticisms: Despite its protective intent, the Ninth Schedule has been criticized for undermining judicial independence, facilitating potential misuse by shielding legislations that may not align with social justice, and diminishing accountability. Ensuring Appropriate Use: To ensure the Ninth Schedule is used appropriately, there should be vigilant legislative intent, judicial safeguards, periodic reviews, transparency, public awareness, and adherence to constitutional norms. Impact and Significance: The Ninth Schedule has played a significant role in India’s transformation by facilitating land reforms and other progressive measures, contributing to socio-economic development and reducing inequalities.

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