The Constitution’s Ninth Schedule

Chhattisgarh Chief Minister Bhupesh Baghel has submitted a formal plea to Prime Minister Narendra Modi. He requested the Ninth Schedule of the Constitution to include two amendment Bills aimed at increasing quotas in jobs and educational institutions. 

This proposal holds the potential to empower underprivileged sections of society and ensure their equal participation in the nation’s progress.

Understanding the Ninth Schedule

The Ninth Schedule, established by the Constitution (First Amendment) Act in 1951, along with Article 31B, acts as a safeguard for specific laws related to agrarian reform and the abolition of the Zamindari system. 

There are now 284 statutes in the Ninth Schedule that are immune from judicial review. Various state governments, however, have sought revisions to broaden the scope of the Ninth Schedule to include legislation that promotes social justice and welfare.

Increased Reservations in Jharkhand

The Jharkhand Assembly has passed two bills that aim to enhance reservations to 77% and provide local inhabitants more land and resource rights and advantages. 

The 77% reservation surpasses the 50% ceiling established by the Supreme Court’s 1992 decision in Indra Sawhney v Union of India. 

The Reservation Law of Tamil Nadu and the Ninth Schedule

The Tamil Nadu government seeks to include its 69% reservation law, enacted in 1993 and upheld by the Supreme Court in 2010, within the protective ambit of the Ninth Schedule. 

The government hopes to protect the rights and opportunities of underprivileged populations by insulating this legislation from judicial scrutiny. 

Inclusion in the Ninth Schedule would provide a stronger legal framework for the enforcement of reservation regulations, guaranteeing fair access to education and job opportunities.

The Land Reforms Act of Kerala and the Ninth Schedule

The Kerala government has proposed the inclusion of the Kerala Land Reforms (Amendment) Act, 2021, in the Ninth Schedule. 

This Act seeks to regularise the unauthorised occupation of government land by landless individuals, aiming to address issues of land inequality and provide opportunities for the marginalised.

However, the Act is being challenged in the Kerala High Court for potentially infringing Article 14 (equality before the law) and Article 300A (right to property) of the Constitution. 

Judicial Review and the Ninth Schedule

Although Article 31B originally exempted legislation in the Ninth Schedule from judicial review, the Supreme Court has concluded that such laws can still be scrutinised if they violate fundamental rights or the Constitution’s essential structure. 

A nine-judge court concluded in the landmark 2007 case of I.R. Coelho v State of Tamil Nadu that statutes added in the Ninth Schedule after April 24, 1973, would be susceptible to judicial review if they breached the fundamental structural concept.

Summary

The appeal of Chhattisgarh Chief Minister Bhupesh Baghel to put two amendment Bills in the Constitution’s Ninth Schedule is critical in furthering social justice and equal chances for impoverished parts of society. 

By incorporating these amendments, states such as Jharkhand, Tamil Nadu, and Kerala want to ensure legal protection for their specific laws, enabling for better implementation and boosting social welfare.