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Ninth Schedule to the Constitution of India
The Ninth Schedule to the Constitution of India protects any of legislation inserted within it from judicial review. The Ninth Schedule was added to the Constitution by the 1st Amendment, which came into force on 18 June 1951. The 1st Amendment also inserted a new article 31B which declares that any Acts and Regulations specified in the Ninth Schedule cannot be declared void on the ground that these are inconsistent with, or take away or abridge any of the Fundamental Rights conferred by Part III of the Constitution. Notwithstanding any judicial decision to the contrary, these shall continue in force subject to the power of any competent Legislature to repeal or amend the same.〔 〕 The Ninth Schedule initially contained 13 entries.〔(Full text of First Amendment )〕 The Schedule has since been amended several times and currently contains 284 entries.
In a landmark ruling on 11 January 2007, a nine-Judge Constitutional Bench of the Supreme Court held that laws in Ninth Schedule, passed after April 1973, would be open to judicial review. The Court rejected the argument that Article 31B was a one-time measure intended to protect agrarian and land reform laws after the abolition of the ''zamindari'' system. The Bench observed, "Insertion in the Ninth Schedule is not controlled by any defined criteria or standards by which the exercise of power may be evaluated. The consequence of the insertion is that it nullifies entire Part III (relating to fundamental rights) of the Constitution. There is no constitutional control on such nullification. It means unlimited power to totally nullify Part III insofar as Ninth Schedule legislation are concerned. The supremacy of the Constitution mandates all constitutional bodies to comply with the provisions of the Constitution. It also mandates a mechanism for testing the validity of legislative acts through an independent organ, viz. the judiciary."
The Bench held, "The power to grant absolute immunity at will is not compatible with the basic structure doctrine and, therefore, after April 24, 1973 the laws included in the Ninth Schedule would not have absolute immunity. The validity of such laws can be challenged on the touchstone of basic structure such as reflected in Article 21 read with Article 14 and Article 19, Article 15 and the principles underlying these Articles."〔http://www.thehindu.com/todays-paper/ix-schedule-laws-open-to-review/article1781722.ece〕 The Bench also held that the Ninth Schedule vested the authority to decide the legality of the limitations of a law with Parliament, which already had the power to enact the laws, thereby weakening the check-and-balance model of the separation of powers.〔http://articles.economictimes.indiatimes.com/2007-01-12/news/28446445_1_judicial-review-laws-basic-structure〕 Chief Justice Yogesh Kumar Sabharwal noted, "If laws put in the Ninth Schedule abridge or abrogate fundamental rights resulting in violation of the basic structure of the constitution, such laws need to be invalidated".〔(BBC News - India court opens laws to review (Retrieved on 11 January 2007) )〕 The verdict indirectly invalidated Article 31B.〔http://www.rediff.com/news/2007/jan/11indira.htm〕
==Entries in the Ninth Schedule==
There are currently 284 entries in the Ninth Schedule. The legislations in the Schedule include both Central and State enactments. Laws enacted by States have the name of the respective State prefixed to the Act No. Legislations that do not have any prefix were enacted by Parliament.
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