Chhattisgarh’s amended quota provisions in 9th schedule of Constitution
Recently, Chhattisgarh state government has demanded inclusion of higher quota related bills in the ninth schedule.
- The Chhattisgarh government has urged the Prime Minister to list the state’s amended reservation provisions in the Ninth Schedule. These amended provisions provide for 76 per cent reservation in the state.
- The Ninth Schedule lists such laws of the Center and the States, which cannot be challenged in the court.
- It was added to the Constitution by the First Constitutional Amendment Act, 1951 by inserting a new Article 31B.
- Article 31B states that no Act/Regulation mentioned in the Ninth Schedule shall be void on the ground that they are inconsistent with any right.
- Article 31B is retrospective in nature. Presently, there are 284 Acts/Laws in this schedule. Most of these are related to agriculture and land laws.
Ninth Schedule and its judicial scrutiny
- Vamana Rao v. Union of India Case, 1981: In this case, the Supreme Court had held that amendments to the Constitution made prior to April 24, 1973 were valid. This decision was in accordance with the Kesavananda Bharati decision and the development of the doctrine of the basic structure.
- IR Coelho vs. State of Tamil Nadu case, 2007: A nine-judge constitution bench had held that Schedule IX cannot be challenged on the ground of violation of fundamental rights, but on the ground of violation of the basic structure of the constitution.
Source – The Hindu
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