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Relevance of 9th Schedule in Contemporary India: Safeguarding Welfare or Encouraging Legal Immunity?

  • Unique Paper ID: 175491
  • Volume: 11
  • Issue: 11
  • PageNo: 3024-3036
  • Abstract:
  • The Ninth Schedule ensued from the Constitution Act 1951 to ensure that certain state and central laws cannot be challenged in courts. This was in response to the objective of the then-government to redistribute land in order to drive development toward agricultural and industrialisation in India. The Ninth Schedule started with thirteen statutes but has since been expanded to contain two hundred and eighty-four statutes. It was made to be a mechanism for achieving social justice, although it seems to have turned into a tool used in advancing political interests. The operationalisation of the Ninth Schedule thus presents an interesting point of discourse, especially when considering the situation attainable in other countries. It is against this backdrop that this article employs comparative analysis to explore the relevance of the Ninth Schedule in contemporary times in India compared to other nations. This is particularly as it concerns the influence of the courts in different case studies, with data gathered from secondary sources, as well as extracting information from the legal/constitutional documents of different countries. The finding from this comparative study shows that the Indian scenario is a unique case, where an instrument such as the Ninth Schedule serves as an appendage to the Constitution. Nevertheless, a host of other countries have provisions to limit the influence of the court in invalidating constitutional statutes.
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Cite This Article

  • ISSN: 2349-6002
  • Volume: 11
  • Issue: 11
  • PageNo: 3024-3036

Relevance of 9th Schedule in Contemporary India: Safeguarding Welfare or Encouraging Legal Immunity?

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