The Ninth Schedule fabricated a constitutional paradox to safeguard laws related to socio-economic justice from being challenged under the fundamental right to property. Does the ninth schedule have any relevance in present times? How did the HC codify this paradox?

Ninth schedule was bought via First Constitutional Amendment to undertake land reforms effectively. Ninth schedule - constitutional paradox. It makes laws immune from Judicial Review and was aimed to forego fundamental rights of some, to uphold distributive justice. With time many states and centre started bruising up controversial laws under the carpet leading to widespread demand of misuse of legislative innovation or TN providing 67% reservation (came the 50). set under Mandala gandhi case

Relevance of 9th Schedule presently: (1) To ensure distributive justice (2) Utilitarian principle - to large dams which will provide electricity to many, will require displacement of some (3) Gives extra space for legislative and executive to work (4) Reduces litigation by people accusing state of taking sides Not Relevant: (1) Justice should not only be done, but seen to be done (2) may lead to autocratic tendencies (3) Central and state governments can misuse these provisions (4) Human Right violations can occur due to such unbridled power

IR Coello case - all laws added after 04 April 1976 (Keshavanand Bharti case) will be subject to Judicial Review based on "basic structure doctrine". Paradox Resolved - Yes As a blanket immunity has no place in a legislature, (2) basic structure remains undefined, (2) collision of Judiciary and executive can ignore Human Right violations, (3) subject to whims and fancies of LET trinity. Thus, a solution would be to codify basic structure the Germany did, to prevent its misuse.