The Ninth Schedule was introduced by the 1st Constitutional Amendment Act as a repository of all laws not to be questioned on the premise of the 'violation' of fundamental rights. A Constitutional paradox! Do you think there is any justice in being challenged under the fundamental right to property? Does the ninth schedule have any justice in its mechanism? How should it be redesigned to resolve this paradox?

The Ninth Schedule was introduced by the 1st Constitutional Amendment Act as a repository of all laws not to be questioned on the premise of the violation of fundamental rights. A Constitutional paradox. On one hand the Constitution provided basic article 2, the right to enforce all other fundamental rights. On the other hand it allowed ads use formation holding to take away property (transfer a fundamental right under article 3) without the right's question the state. This was done to ensure socio-economic justice through land redistribution as per Part IV Principles of State Policy.

However, many questioned the legality of the 9th Schedule as it gave powers to the state to prevent judicial oversight on any laws deemed. Relevance of 9th Schedule Today. After the Kesavananda Bharati Judgment of 1973, the Lande scheme doctrine clarified that mootw is beyond Parliament's weight. There, laws even in 9th Schedule can be struck down if found to be contravening the basic structure. Nevertheless, 9th Schedule remains relevant as it still protect laws and reduces arbitrary cases in court thereby speeding up litigation and ensuring some economic justice. However, this principle applies only to some laws under 9th Schedule.

addition to all I.R. Coelho Case, all changes to 9th Schedule after the Kesavananda Bharat Judgment would be issues under judicial review. However, all judgments before 1973 April would be outside the purview of the court. Thus, I.R. Coelho Judgment ensued that only on the basis of striking in respective decisions of court and also ensured basic structure doctrine it followed.