Characteristics of the Ninth Schedule
Characteristics of the Ninth Schedule are as follows:
- Laws included in the Ninth Schedule are protected from being challenged in courts on the basis of inconsistency with fundamental rights guaranteed by the Constitution.
- The protection granted to laws in the Ninth Schedule extends to both pre-and post-constitutional amendments, ensuring their immunity from retrospective and future challenges.
- Laws enacted to give effect to the Directive Principles of State Policy are often included in the Ninth Schedule to support social and economic development.
- The Ninth Schedule contains laws mainly related to agrarian reforms and land issues. But some laws related to labor laws and reservations are also included. For example, it includes a Tamil Nadu law that provides 69% reservation in the state.
- The Ninth Schedule aligns with the constitutional commitment to provide an equitable society by protecting laws that promote social welfare, reduce disparities, and work for the upliftment of marginalized communities.
- The laws included in the ninth schedule are balanced with individual rights, i.e., protection from a judicial review is balanced with the core principle of the constitution, which is protecting the basic structure of the constitution, particularly the guarantee of fundamental rights.
Ninth Schedule of the Indian Constitution
Ninth Schedule of the Indian Constitution contains a list of central and state laws which cannot be challenged in courts. It is a special provision that allows the legislature to exempt certain laws from judicial review by means of Constitutional amendment. The origins, objectives, and implications of the ninth schedule provide an idea about how the balance between protecting certain laws and upholding the rights enshrined in the Constitution is maintained. In this article, we will learn about the Ninth Schedule of judicial review, laws, cases, Legal Provisions, challenges, and FAQs.