Ninth Schedule: Validation of Certain Acts and Regulations

At a Glance

• What it is List of Acts and Regulations shielded from challenge under Article 31B
• Added by 1st Amendment Act, 1951
• Entries 13 originally; 282 at present
• Key judgment I.R. Coelho (2007)
• Exam link UPSC Prelims, Polity: Schedules of the Constitution

Where Does It Fit?

This is the ninth topic of the category on the Schedules of the Constitution. Article 31B saves the Acts and Regulations included in the Ninth Schedule from being challenged and invalidated on the ground that they contravene any of the Fundamental Rights. Article 31B and the Ninth Schedule were added by the 1st Constitutional Amendment Act of 1951.

What the Schedule Contains

Originally in 1951 the Schedule had 13 Acts and Regulations. At present there are 282 (the last entry is numbered 284, but entries 87, 92 and 130 were deleted by the 44th Amendment of 1978, and one entry is numbered 257A). The Acts and Regulations of state legislatures in the Schedule deal with land reforms and the abolition of the zamindari system, and those of Parliament deal with other matters. The Schedule was meant to protect land reform and similar laws from judicial challenge on the ground of violating Fundamental Rights.

The first four rows were included before 24 April 1973, the date of the Kesavananda Bharati judgment, and the later amendments after it.

Judicial Review of the Ninth Schedule

In the Coelho case the Supreme Court said that a law that abrogates or abridges rights in Part III may or may not violate the basic structure; the form of the amendment is not relevant but its consequence is determinative, judged by the rights test or the direct impact and effect test. Every amendment adding laws to the Schedule on or after 24 April 1973 must be tested on the touchstone of the basic or essential features, as reflected in Article 21 read with Articles 14 and 19. The justification for protecting a law is a matter of constitutional adjudication by examining the nature and extent of infraction of a Fundamental Right. If a law has already been upheld, it cannot be challenged again on the principles in this judgment. Actions taken and transactions finalised under the impugned Acts are not open to challenge.

Article 31A and the Right to Property

Article 31A, also added by the First Amendment, separately saves laws providing for the acquisition of estates and similar rights from challenge on the ground of inconsistency with certain Fundamental Rights. The right to property, which gave rise to many of these challenges, was removed from the list of Fundamental Rights by the 44th Amendment of 1978, and is now a constitutional right under Article 300A: persons are not to be deprived of property save by authority of law. This is why the Ninth Schedule is now chiefly of interest in connection with other Fundamental Rights, such as equality in Article 14 and freedoms in Article 19, and the basic structure.

Judicial Review and the Constitution

The Indian position is a synthesis of the British principle of parliamentary supremacy and the American principle of judicial supremacy. Judicial review is limited by the written Constitution and by federalism, but the Court examines whether a law is within the powers of the authority concerned and, after Coelho, whether protected laws destroy the basic structure. The Ninth Schedule thus remains a device that gives protection only to a limited extent.

Why Is This Topic Important?

• Landmark cases Kesavananda, Waman Rao, Coelho
• 24 April 1973 Cut-off date is asked
• Article 31B Link to Fundamental Rights

What Came Next?

The next topic covers the Tenth Schedule, the anti-defection provisions.

Key People and Terms

• Article 31B Validation of Acts
• Basic structure Core features not alterable
• Rights test Impact on Part III rights
• Zamindari abolition Original Ninth Schedule purpose
• 24 April 1973 Kesavananda Bharati date

Exam Corner

Mains Angle

Questions on this topic usually ask about judicial review of the Ninth Schedule. Use these points to add depth.

• Land reforms Original purpose
• Misuse concerns Expansion of the Schedule
• Judicial review Basic structure
• Balance Parliament and judiciary