The Ninth Schedule: Full of Sound and Fury? Seeds of Justice: The Agrarian Roots of a Constitutional Crisis

Abstract

Article 31B and the Ninth Schedule were initially created to protect agrarian reform from judicial invalidation. Over time, they have come to be seen as tools that may lead to legislative overreach, potentially affecting the importance of fundamental rights and judicial review. This article outlines their constitutional trajectory through key judgments—from Shankari Prasad and Golaknath to
Kesavananda Bharati and I.R. Coelho—illustrating the evolving relationship between redistributive justice and the basic structure doctrine. The unchecked expansion of the Ninth Schedule may dilute the principle of constitutional supremacy, suggesting a need for a doctrinal recalibration that confines its scope to its original, limited intent. The Ninth Schedule may face challenges if restraint is not applied, potentially leading to immunity through legislative means and affecting the principles of India’s rightsbased democracy.