Concepts

Ninth Schedule

CAPF wiki1 min read6 sections
At a glance
SubjectPolity

Definition

The schedule of the Constitution that lists laws shielded from challenge on the ground that they violate Fundamental Rights, originally added to protect land-reform legislation.

Key points

  • It was added by the First Amendment, 1951, along with Article 31B, which gives the listed laws protection from being struck down for violating Fundamental Rights.
  • It was created mainly to save land-reform and zamindari-abolition laws from court challenge.
  • It now contains a large number of central and State laws.
  • In I. R. Coelho v. State of Tamil Nadu (2007) the Supreme Court held that laws placed in the Ninth Schedule after 24 April 1973 (the date of the Kesavananda Bharati judgment) can be reviewed if they violate the concept basic structure.
  • So the Ninth Schedule no longer gives absolute immunity.

Why it matters for CAPF

The First Amendment origin, Article 31B, and the Coelho limit (1973 cut-off) are frequently asked, especially alongside the basic structure doctrine.

Common confusion

The Ninth Schedule protects laws from Fundamental Rights challenge, but after Coelho (2007) that protection is not absolute for post-1973 entries; it is unrelated to the Tenth Schedule (anti-defection).

One-line recall

Ninth Schedule (First Amendment, 1951, with Article 31B) shields laws from Fundamental Rights challenge, subject to basic-structure review for post-1973 entries (Coelho, 2007).

Parent note

the schedules of the constitution

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