The Chief Minister of Chhattisgarh has written to the Prime Minister requesting the inclusion of two amendment Bills in the Ninth Schedule of the Indian Constitution. The Ninth Schedule is a list of Central and State laws that are protected from being challenged in courts. In Chhattisgarh’s case, the two amendment Bills aim to allow for a 76% quota for Scheduled Castes, Scheduled Tribes, and Other Backward Classes in jobs and educational institutions.

Need for the Bills

The amendment Bills are needed because the socio-economic and educational conditions of the OBC people in Chhattisgarh are as weak as those of the SC/ST people. Three-fourths of these classes are farmers, marginal and small farmers, and a large number of them are agricultural laborers.

High Court Ruling

However, the Chhattisgarh High Court struck down a 2013 State government order that allowed a 58% quota, ruling that reservation above the 50% ceiling was “unconstitutional.” This is where the inclusion of the amendment Bills in the Ninth Schedule becomes crucial.

Understanding the Ninth Schedule

The Ninth Schedule is a list of central and state laws that cannot be challenged in courts. Most of the laws protected under the Schedule concern agriculture/land issues. The Schedule was added to the Indian Constitution in 1951, when the document was amended for the first time. It was created by the new Article 31B, which, along with 31A, was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.

Rationale of the Schedule

The rationale for Article 31-B and the Ninth Schedule was to protect legislation dealing with property rights and not any other type of legislation. But, in practice, Article 31-B has been used to invoke protection for many laws not concerned with property rights. Article 31-B is thus being used beyond the socioeconomic purpose for which it was enacted.

Laws Added to the Ninth Schedule

The First Amendment added 13 laws to the Schedule. Subsequent amendments in 1955, 1964, 1971, 1974, 1975, 1976, 1984, 1990, 1994, and 1999 have taken the number of protected laws to 284.

Judicial Scrutiny of Laws in the Ninth Schedule

While the Ninth Schedule provides the law with a “safe harbor” from judicial review, the protection is not blanket. When a Tamil Nadu law was challenged in 2007 (I R Coelho v State of Tamil Nadu), the Supreme Court ruled in a unanimous nine-judge verdict that while laws placed under Ninth Schedule cannot be challenged on the grounds of violation of fundamental rights, they can be challenged on the ground of violating the basic structure of the Constitution. The laws cannot escape the “basic structure” test if inserted into the Ninth Schedule after 1973.

Why In News

The Chief Minister of Chhattisgarh has written to the Prime Minister, requesting that two amendment bills, which would allow for a higher quota in jobs and educational institutions for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, be included in the Ninth Schedule of the Constitution.

MCQs about The Ninth Schedule

  1. What is the Ninth Schedule of the Constitution?
    A. A list of laws that cannot be challenged in courts
    B. A list of laws that can be challenged in courts
    C. A list of laws that are only applicable to certain states
    D. A list of laws related to property rights
    Correct Answer: A. A list of laws that cannot be challenged in courts
    Explanation: The Ninth Schedule is a list of laws that cannot be challenged in courts. This provides the laws with a “safe harbor” from judicial review, but the protection is not blanket.
  2. What was the rationale behind the creation of Article 31-B and the Ninth Schedule?
    A. To protect legislation dealing with property rights
    B. To protect all types of legislation from judicial scrutiny
    C. To protect legislation related to agrarian reform
    D. To protect legislation related to social welfare
    Correct Answer: A. To protect legislation dealing with property rights
    Explanation: The rationale behind the creation of Article 31-B and the Ninth Schedule was to protect legislation dealing with property rights and not any other type of legislation.
  3. Can laws included in the Ninth Schedule be challenged on the ground of violating the basic structure of the Constitution?
    A. Yes, if inserted into the Ninth Schedule after 1973
    B. Yes, but only if they violate fundamental rights
    C. No, they are completely exempt from judicial scrutiny
    D. Yes, but only if they are related to property rights
    Correct Answer: A. Yes, if inserted into the Ninth Schedule after 1973
    Explanation: While laws placed under the Ninth Schedule cannot be challenged on the grounds of violation of fundamental rights, they can be challenged on the ground of violating the basic structure of the Constitution. However, the laws cannot escape the “basic structure” test if inserted into the Ninth Schedule after 1973.

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