RECENT CONTEXT: The CM of Bihar has asked the central govt. to put a higher quota to the bill of Bihar govt in the Ninth schedule of the constitution.
What is the Ninth Schedule of the Indian Constitution?
- Any law whether of central or state if included in the Ninth Schedule cannot be challenged in any … on the basis that such a law violates fundamental rights or the basic structure of the Constitution.
- Originally Ninth Schedule was not part of the Constitution but was added by the First Amendment of the Constitution in year 1951.
- It was added as govt wanted to protect the laws relating to the zamindari system back in 1951. But the list of laws in the Ninth schedule kept on increasing in subsequent years.
Present Status:
- In Wamen Rao Vs Union of India – The Supreme Court ruled that all the laws added before the verdict of the Keshav Nanda Bharti case 1973 are valid, but all the subsequent laws added after 1973 could be challenged on the grounds of constitutionality.
- In short, any law included in the Ninth Schedule can still be challenged on the ground that the law violates fundamental rights or alters the basic structure of the Constitution.
