News Highlight
The Jharkhand Assembly has cleared two Bills, but these changes will come into force only after the Centre carries out amendments to include these in the Ninth Schedule of the Constitution.
Bills passed by Jharkhand Assembly
- Jharkhand Reservation of Vacancies in Posts and Services (Amendment) Bill, 2022
- The bill raised reservations in vacant government posts and services in the state to 77 per cent.
- Within the reserved category,
- the Scheduled Castes will get a quota of 12 per cent, up from 10 per cent;
- 27 per cent for OBCs, up from 14 per cent;
- 28 per cent for Scheduled Tribes, a 2 per cent increase;
- and 10 per cent for Economically Weaker Sections.
- Jharkhand Local Persons Bill, 2022
- This bill is aimed at granting local residents “certain rights, benefits, and preferential treatment” over their land; in their stake in local development of rivers, lakes, fisheries; in local traditional and cultural and commercial enterprises; in rights over agricultural indebtedness or availing agricultural loans; in maintenance and protection of land records; for their social security; in employment in private and public sector; and, for trade and commerce in the state.
Why the need to include it in Ninth Schedule?
- The 77 per cent reservation breaches the 50 per cent ceiling set by the Supreme Court in the landmark 1992 Indra Sawhney v Union of India verdict.
- However, placing a legislation in the Ninth Schedule shields it from judicial scrutiny.
What is Ninth Schedule?
- The Ninth Schedule contains a list of central and state legislations that are not subject to legal challenge.
- There are now 284 such laws that are immune from judicial review.
- When the Constitution was revised for the first time in 1951, the 9th Schedule became a part of it.
- It was established by the government’s new Article 31B, which, together with Article 31A, was enacted to protect legislation pertaining to agrarian reform and the abolition of the Zamindari system.
- The list also includes topics like a reservation.
- The Schedule includes a Tamil Nadu law that provides for 69% reservation in the state.
Background of Ninth Schedule
- The 9th schedule, as well as Article 31B, was introduced to the Indian Constitution in 1951 as part of the first amendment.
- It was intended to adopt some new legislation that would help India become a more egalitarian nation.
- In a bid to free India from the scourge of the zamindari system the Constitution framers enacted Article 31B with the intention of protecting land reform laws from judicial review on the touchstone of the fundamental right to property (as it existed then).
- Initially, the Ninth Schedule consisted of thirteen laws, each aimed at land reforms; today, it consists of a myriad collection of 284 laws covering reservation, industries, trade and mines, etc,.
Objectives of the 9th Schedule
- To carry out various land reforms after the Independence.
- The Zamindari system must be abolished in order to put an end to feudalism and pave the way for socialism to take its place.
- To bring the weaker section of the society into main stream and uphold the interest of same category.
- To promote social change towards a more equal justice and the Constitutional goal of egalitarianism.
- To reduce the concentration of land in a few hands, so that the agriculturist may feel sure of reaping the fruits of his labour.
Scope of judicial review for laws placed under the 9th Schedule
- While the Ninth Schedule provides the law with a “safe harbour” from judicial review, the protection is not blanket.
- Keshavananda Bharati v. State of Kerala (1973):
- The court introduced a new concept of “Basic structure of the Indian Constitution” and stated that, “all provisions of the constitution can be amended but those amendments which will abrogate or take away the essence or basic structure of constitution which included Fundamental Rights are fit to be struck down by the court”.
- Waman Rao v. Union of India (1981):
- The SC ruled that, “those amendments which were made in the constitution before 24th April 1973 (date on which judgement in Keshavananda Bharati was delivered) are valid and constitutional but those which were made after the stated date are open to being challenged on the ground of constitutionality.
- Tamil Nadu law was challenged in 2007 (I R Coelho v State of Tamil Nadu):
- The Supreme Court ruled that while laws placed under Ninth Schedule cannot be challenged on the grounds of violation of fundamental rights, they can be challenged on the ground of violating the basic structure of the Constitution.
- It was held that every law must be tested under Article 14, 19 and 21 if it came into force after 24th April 1973.
Content Source: Indian Express