Discuss the constitutionality of 9th Schedule (250 words)
Parliament has added the 9th Schedule through the very first constitutional amendment in 1951 as a means of immunizing certain laws against judicial review.
The SC in Shankari Prasad case (1951) upheld the constitutionality of 9th Schedule & laws placed under it cannot be challenged before court of law. But in Keshavanand Bharati case SC propounded the doctrine of basic structure of constitution & held that any law that destroys any part of the basic structure of constitution shall be void. There were only 66 legislations that were placed under 9th Schedule before 24th April 1973 when SC brought in concept of basic structure of constitution.
In Waman Rao case (1981) SC held in principle that 9th Schedule was also subject to basic structure concept and judicial review being a part of basic structure of the constitution, the 9th Schedule was also subject to judicial scrutiny. But owing to social importance of legislations that have been placed in 9th Schedule, court chose not to probe further the legality of laws under 9th Schedule.
In I. R. Coelho case (2007) constitutionality of 9th Schedule was once again challenged. The SC held that law’s placed under 9th schedule on or after 24th April 1973 are subject to judicial review. Court has further classified FRs into 2 categories {Art 14, 15, 19, 21 form the part of basic structure. {Others do not form the part of basic structure}.
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