Question
Download Solution PDFThe Ninth Schedule was introduced in the Constitution of India during the prime ministership of:
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Jawaharlal Nehru.
Key Points
- The Ninth Schedule of the Constitution of India was introduced through the First Amendment Act, 1951.
- It was brought in during the tenure of Jawaharlal Nehru, the first Prime Minister of India.
- The primary purpose of introducing the Ninth Schedule was to protect land reform laws from being challenged in courts on the grounds of violation of fundamental rights.
- Laws included in the Ninth Schedule are protected from judicial review under Article 31B of the Constitution.
- This amendment was aimed at fulfilling the socialist objectives of the state, particularly to address agrarian reforms and eliminate the Zamindari system.
Additional Information
- First Amendment Act, 1951:
- It added Articles 31A and 31B to the Constitution to address judicial challenges to land reform laws.
- Article 31A provided for the acquisition of estates and related rights for public purposes.
- Article 31B ensured that laws listed in the Ninth Schedule could not be invalidated on the grounds of violating fundamental rights.
- Ninth Schedule:
- It originally contained 13 laws, and over time, more laws were added to it.
- The Ninth Schedule was intended to shield laws from judicial scrutiny, especially related to land reforms.
- Judicial Review:
- In the Kesavananda Bharati case (1973), the Supreme Court ruled that judicial review is part of the basic structure of the Constitution.
- In the I.R. Coelho case (2007), the court clarified that laws added to the Ninth Schedule after April 24, 1973, are open to judicial review if they violate the basic structure of the Constitution.
- Socialist Objectives:
- The land reforms aimed to redistribute land to the tillers and eliminate intermediary systems like the Zamindari system.
- The Ninth Schedule played a key role in achieving socio-economic justice as enshrined in the Directive Principles of State Policy.
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