Details about the Ninth Schedule | india | Hindustan Times
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Details about the Ninth Schedule

india Updated: Jan 11, 2007 13:45 IST

The Parliament added the Ninth Schedule to the Constitution through the very first amendment in 1951 as a means of immunising certain laws against judicial review.

Under the provisions of Article 31, which themselves were amended several times later, laws placed in the Ninth Schedule - pertaining to acquisition of private property and compensation payable for such acquisition - cannot be challenged in a court of law on the ground that they violated the fundamental rights of citizens.

This protective umbrella covers more than 250 laws passed by state legislatures with the aim of regulating the size of land holdings and abolishing various tenancy systems.

The Ninth Schedule was created with the primary objective of preventing the judiciary - which upheld the citizens' right to property on several occasions - from derailing the Congress-led government's agenda for a social revolution.

Property owners again challenged the constitutional amendments which placed land reforms laws in the Ninth Schedule before the Supreme Court, saying that they violated Article 13 (2) of the Constitution.

Article 13 (2) provides for the protection of the fundamental rights of the citizen.