NINTH SCHEDULE - POLITY

News: Include quota Bills in Ninth Schedule: Baghel to Modi

 

What's in the news?

       Chhattisgarh Chief Minister Bhupesh Baghel wrote to Prime Minister Narendra Modi seeking the inclusion of two amendment Bills allowing for higher quota in jobs and educational institutions, in the Ninth Schedule of the Constitution.

 

Key takeaways:

       The Ninth Schedule includes a list of Central and State laws which cannot be challenged in courts.

       In Chhattisgarh’s case, the two amendment Bills - that pave the way for 76% quota for Scheduled Caste, Scheduled Tribes and Other Backward Classes were passed unanimously by the State Assembly last December, but are yet to receive the Governor’s nod.

 

Ninth Schedule:

       The Ninth Schedule is a legal provision in the Constitution of India that provides immunity to certain laws from judicial review.

 

Origin:

       Added to the Constitution by the First Amendment in 1951.

 

Objective:

       To protect land reforms and other progressive laws from being challenged in courts.

 

Features:

       It is a list of Central and State laws that are immune from judicial review.

       These laws are not subject to judicial scrutiny or challenge in any court of law, including the Supreme Court of India.

 

Significance:

       Used to protect laws related to land reforms, reservation in education and employment, anti-defection laws, and other progressive measures aimed at social justice and equality.

 

Amendment:

       Constitution (Ninety-Sixth Amendment) Act, 2001 added a provision stating that any law added to the Ninth Schedule after April 24, 1973, can be challenged in courts on the ground that it violates the fundamental rights guaranteed by the Constitution.

 

Constitutional Challenges:

       The system is criticized for shielding unconstitutional laws and violating fundamental rights.

       Supreme Court of India has struck down several laws in the Ninth Schedule on the grounds that they violate the basic structure of the Constitution.