Judicial Review of the Ninth Schedule

The Ninth Schedule was introduced to protect certain legislations from being challenged on the grounds of violating fundamental rights. However, judicial review still applies to laws in this Schedule if they are found to breach the “basic structure” of the Constitution. This limitation is crucial as it prevents the misuse of the Ninth Schedule to shield laws that undermine constitutional guarantees.

In practice, the Supreme Court has clarified that even if a law is placed in the Ninth Schedule, it remains subject to review if it contravenes core constitutional principles. A notable instance is when legislations related to agrarian reforms were scrutinized to ensure they did not violate essential democratic norms. Such cases exemplify how judicial review acts as a vital check, ensuring that legislative protections do not become a tool for circumventing constitutional obligations.

This safeguard underscores the primacy of the Constitution and ensures that all laws, regardless of their scheduling, adhere to the foundational values of the state.