The Jharkhand Assembly recently passed two Bills that are slated to bring about significant changes, pending amendment inclusion in the Ninth Schedule of the Constitution. The two legislation, namely the Jharkhand Reservation of Vacancies in Posts and Services (Amendment) Bill, 2022 and the Jharkhand Local Persons Bill, 2022, primarily focus on reservations and rights for local residents.
The Two Bills – Details and Objectives
Jharkhand Reservation of Vacancies in Posts and Services (Amendment) Bill proposes a considerable rise in reservations, reaching up to 77%. The proposed quotas in reserved categories include an increase to 12% for Scheduled Castes from the previous 10%, 27% for OBCs which is an increment from the former 14%, 28% for Scheduled Tribes which is a modest 2% hike, and a flat 10% for the Economically Weaker Sections (EWS).
Meanwhile, the Jharkhand Local Persons Bill aims to confer special rights, advantages, and preferential treatment to local residents. This encompasses a range of privileges over land ownership, stake in development projects, commercial and cultural businesses, access to agricultural loans, protection of land records, social security, employment opportunities in the private and public sector, and engaging in trade and commerce across the state.
Why is the Ninth Schedule Relevant?
The elevated reservation percentage that surpasses the previously set limit of 50% by the Supreme Court requires the bills to be included in the Ninth Schedule, as it provides immunity to legislations from judicial review. Previously, Tamil Nadu employed the same route for effectuating the Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993, reserving 69% of seats in educational institutions and government jobs.
Understanding the Ninth Schedule
The Constitution (First Amendment) Act, 1951 introduced the Ninth Schedule, constituting a list of state and central laws exempted from being questioned in courts. Initially, 13 laws were included, but subsequent amendments over the years have extended its protection to 284 laws currently. The Ninth Schedule’s establishment was aimed at protecting laws linked to agricultural reform and eliminating the Zamindari system. Despite the Ninth Schedule’s immunity from judicial review, the Supreme Court has maintained that laws will be subject to scrutiny if they violate Fundamental Rights, or the Constitution’s basic structure.
Exemption from Judicial Scrutiny and Crucial Judgements
Despite the Ninth Schedule offering protection, several landmark judgements have set parameters on its operation. The Keshavananda Bharati v. State of Kerala (1973) judgement established the concept of “Basic structure of the Indian Constitution” stating that constitutional provisions can be amended unless they infringe upon the constitution’s essence or base structure which includes Fundamental Rights.
Another important judgement, Waman Rao v. Union of India (1981), declared that those amendments made after 24th April 1973, the date of Keshavananda Bharati judgement, are subject to challenge on constitutionality grounds.
In I R Coelho v. State of Tamil Nadu (2007), the court ruled that every law post-24th April 1973 must be tested under Article 14, 19 and 21. This judgement reaffirmed that any act is subject to judicial review if it contradicts the basic structure of the constitution. In addition, the court held that the constitutional validity of any law under the Ninth Schedule, once upheld, cannot be challenged again in the future.
The Way Forward
While reservation is essential, it warrants judicial scrutiny to ensure rational and fair policy implementation by the Executive or Legislature. Addressing potential flaws in the reservation policy necessitates involving an array of stakeholders. The focus should not rest on scrapping or shielding the reservation policy entirely, but on developing a balanced framework that aligns with national interests.
Relevance in Civil Services Examination
The topic holds significance in the UPSC Civil Services Examination, as evidence from previous questions related to the Ninth Schedule and its implications on Indian legislation. Hence, understanding the intricacies of the matter proves imperative for potential candidates.
