News Analysis / Ninth Schedule of Constitution
Published on: April 19, 2023
Source: The Hindu
Why in News?
Recently, the Chhattisgarh Chief Minister wrote to the Prime Minister seeking the inclusion of two amendment Bills allowing for a higher quota of reservation in jobs and educational institutions, in the Ninth Schedule of the Constitution.
What are these Bills?
In Chhattisgarh, the State Assembly unanimously approved the two amendment bills, creating a 76% quota for members of the Scheduled Caste, Scheduled Tribes, and Other Backward Classes.
The Governor has not yet approved the bills.
Why is there a Need to Include these Bills in Ninth Schedule?
The Ninth Schedule of the Constitution includes a list of Central and State laws that cannot be challenged in courts. Including the two amendment Bills in the Ninth Schedule would make them immune to legal challenges.
Chhattisgarh government argues that including the amended provisions in the Ninth Schedule is crucial for providing justice to the backward and deprived classes in the State.
Previously, the Chhattisgarh High Court had struck down a government order allowing 58% quota, stating that the reservation cannot exceed 50% as it unconstitutional.
However, two amendment Bills were passed by the State Assembly to provide 76% quota for Scheduled Caste, Scheduled Tribes, and Other Backward Classes.
What is the Ninth Schedule?
Are Laws in the Ninth Schedule completely Exempt from Judicial Scrutiny?
Keshavananda Bharati v. State of Kerala (1973): The Supreme court upheld the judgement in Golaknath and introduced a new concept of “Basic structure of the Indian Constitution” and stated that, “all provisions of the constitution can be amended but those amendments which will abrogate or take away the essence or basic structure of constitution which included Fundamental Rights are fit to be struck down by the court”.
Waman Rao v. Union of India (1981): In this important judgement, the SC ruled that, “those amendments which were made in the constitution before 24th April 1973 (date on which judgement in Keshavananda Bharati was delivered) are valid and constitutional but those which were made after the stated date are open to being challenged on the ground of constitutionality.
I R Coelho v. State of Tamil Nadu (2007): It was held that every law must be tested under Article 14, 19 and 21 if it came into force after 24th April 1973.
In addition, the court upheld its previous rulings and declared that any act can be challenged and is open to scrutiny by the judiciary if it is not in consonance with the basic structure of the constitution.
In addition, it was held that if the constitutional validity of any law under the ninth schedule has been upheld before, in future it cannot be challenged again.