Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ninth Schedule
Mains level: Quota limit breach
Central idea: Chhattisgarh CM has written to the Prime Minister seeking the inclusion of two amendment Bills allowing for higher quotas in jobs and educational institutions in the Ninth Schedule of the Constitution.
What is Ninth Schedule?
- The Ninth Schedule is a legal provision in the Constitution of India that provides immunity to certain laws from judicial review.
- It is a list of Central and State laws that are immune from judicial review.
- These laws are not subject to judicial scrutiny or challenge in any court of law, including the Supreme Court of India.
| Details | |
| Definition | A list of Central and State laws that are immune from judicial review. |
| History | Added to the Constitution by the First Amendment in 1951. |
| Purpose back then | To protect land reforms and other progressive laws from being challenged in courts. |
| Significance | Used to protect laws related to land reforms, reservation in education and employment, anti-defection laws, and other progressive measures aimed at social justice and equality. |
| Criticisms | Criticised for shielding unconstitutional laws and violating fundamental rights.
Supreme Court of India has struck down several laws in the Ninth Schedule on the grounds that they violate the basic structure of the Constitution. |
| Amendment | Constitution (Ninety-Sixth Amendment) Act, 2001 added a provision stating that any law added to the Ninth Schedule after April 24, 1973, can be challenged in courts on the ground that it violates the fundamental rights guaranteed by the Constitution. |
What is the request made by CG CM?
- In Chhattisgarh’s case, the two amendment Bills were passed unanimously by the State Assembly paving the way for 76% quota for Scheduled Caste, Scheduled Tribes and Other Backward Classes.
- However, the Bills are yet to receive the Governor’s nod.
- The Chhattisgarh High Court had struck down a 2013 State government order to allow 58% quota, holding that reservation above the 50% ceiling was “unconstitutional.”
Request for Inclusion in Ninth Schedule
- The CM presented the demographics of the State and wrote that the socio-economic and educational condition of the OBC people of the State is as weak as that of the SC/ST people.
- He argued that the inclusion of the amended provision in the Ninth Schedule of the Constitution is necessary for the people of the deprived and backward classes to get justice.
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