What is the significance of 9th schedule

ADVERTISEMENTS:

Article 31-B was inserted by the First Constitutional (Amendment) Act 1951 which states that without prejudiced to the generality of the provisions contained in Article 31-A,

none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void or ever to have become void, on the ground that such Act, Regulation or provisions is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this part, and not withstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent legislature to repeal or amend it, continue in force.

Thus Article 31-B of the Constitution of India ensured that any law in the Ninth Schedule could not be challenged in courts and Government can rationalize its programme of social engineering by reforming land and agrarian laws. In other words, laws under Ninth Schedule are beyond the purview of judicial review even though they violate fundamental rights enshrined under part III of the Constitution. On the one hand considerable power was given to legislature under Article 31-B and on the other hand the power of judiciary was curtailed, this is the starting point of tussle between legislature and judiciary.

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