Ninth Schedule and Judicial Review

5.1 What is the Ninth Schedule?

Added by the 1st Constitutional Amendment (1951), the 9th Schedule contains laws expressly immune from challenge on grounds of violation of Fundamental Rights. Initially it contained 13 land reform laws; it now contains 284 laws (as of 2023) covering land ceiling acts, nationalisation laws, and reservation laws.

5.2 I.R. Coelho v. State of Tamil Nadu (2007)

A 9-judge constitutional bench settled whether 9th Schedule laws are completely immune from judicial review. The ruling established a clear dividing line:

• Laws placed in the 9th Schedule after 24 April 1973 (date of Kesavananda Bharati) can be challenged if they violate the Basic Structure
• Laws placed before this date continue to enjoy complete immunity
• The test is whether the law destroys or damages the Basic Structure — particularly fundamental rights forming part of it (Articles 14, 15, 19, 21)

This ruling significantly limited the 9th Schedule's scope as a "safe harbour" for laws violating fundamental rights.

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