The article begins by shedding light on the recent circumstances that have brought the Ninth Schedule of the Indian Constitution into focus. This is followed by a comprehensive exploration of these constitutional elements, why they are being invoked currently, and what implications they might have.
Ninth Schedule: Spotlighted by Recent Events
Recently, the Chhattisgarh Chief Minister sent a letter to the Prime Minister. The goal of this correspondence was to seek the inclusion of two bills – ones that propose a potential increase in job and educational reservation quotas – in the Ninth Schedule of the Constitution.
Understanding the Bills
The two amendment bills under discussion were unanimously accepted by the State Assembly in Chhattisgarh. They advocate for a 76% quota to be implemented for members of Scheduled Tribes, Scheduled Castes, and Other Backward Classes. However, these bills are yet to receive approval from the Governor.
Arguments for Ninth Schedule Inclusion
The Ninth Schedule is a component of the Constitution that houses a registry of Central and State laws that are immune from being contested in court. Inclusion of the two bills in question into this Schedule would protect them from legal disputes. Authorities from the Chhattisgarh government assert that this insertion into the Ninth Schedule is vital. It is seen as instrumental in ensuring justice for the deprived and backward classes in the state.
Legal Precedence and the Need for Amendments
Previously, a government sanction that allowed a 58% reservation quota was dismissed by the Chhattisgarh High Court. The court deemed that any reservation exceeding the 50% limit was unconstitutional. Consequently, the State Assembly passed two amendment bills to pave the way for a 76% reservation quota.
More about the Ninth Schedule
Introduced through the Constitution (First Amendment) Act, 1951, the Ninth Schedule originally consisted of 13 laws. Over the years, various amendments have been made, increasing the number of protected laws to a present total of 284. Initially devised to house laws associated with agrarian reform and the abolition of the Zamindari system, it now includes laws from various other sectors as well.
Scope for Judicial Scrutiny
Though Article 31B of the Constitution limits judicial review, there have been instances in the past where the Supreme Court has examined laws under the Ninth Schedule, especially when violations of basic constitutional structure or fundamental rights were suspected.
Judgment History and Implications
Keshavananda Bharati v. State of Kerala (1973), Waman Rao v. Union of India (1981), and I R Coelho v. State of Tamil Nadu (2007) are major cases that elucidate the complex interplay between legislative action, constitutional amendment, and judicial review. These judgments have shaped the legal understanding of the scope and impact of the Ninth Schedule.
Previous Year Questions on UPSC Civil Services Exam
For aspirants preparing for competitive exams like the UPSC Civil Services, this article also presents a couple of relevant questions from previous years’ papers. These questions test the understanding of the role of the Parliament related to the Ninth Schedule and its interpretation.