CAN THE NINTH SCHEDULE SAVE THE BILL?

The Haryana government will request the Centre to include the Jat quota law in the Ninth Schedule of the Constitution that provides a protective umbrella to laws placed in it

What is the Ninth Schedule?

The Ninth Schedule was added to the Constitution by the First Amendment in 1951 along with Article 31-B to give a “protective umbrella” to land reform laws that could be challenged in courts on the ground of violation of fundamental rights.

Challenge to laws placed in the Ninth Schedule?

In the IR Coelho versus State of Tamil Nadu, various laws placed in the Ninth Schedule were challenged on the ground that any law violating fundamental rights should be struck down. Also, the courts’ power of judicial review cannot be taken away. A nine-judge constitution bench delivered its verdict in January 2007.

What is the importance of Article 31-B?

Article 31-B gives immunity to laws placed in the Ninth Schedule. Such laws cannot be challenged in courts even if they violate fundamental rights.

What did the SC Constitution Bench say?

It upheld the validity of Article 31-B and Parliament’s power to place a particular law in the Ninth Schedule But it said such laws do not enjoy a blanket protection and are open to judicial scrutiny Laws placed in the Ninth Schedule after the Keshwanand Bharti Judgment on April 24, 1973, when SC propounded the “basic structure” doctrine, were open to challenge. If the SC has already upheld the validity of any Ninth Schedule Law, it would not be open to challenge again on the basis of the January 2007 judgment It laid down a dual test to examine the validity of a law placed in the Ninth Schedule. i) Whether it violates any fundamental right, and ii) whether the violation also damages or destroys the basic structure of the Constitution. If the answer to both is yes, only then a Ninth Schedule law can be declared unconstitutional