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.