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9th Schedule and Jharkhand
November 21 , 2022
781 days
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- Jharkhand government has passed a bill increasing the reservation in vacant government posts and services to 77%.
- Thus, it is violating the 50% mandate of the Supreme Court (Indra Sawhney Case).
- The government has further called for putting the bill in the 9th Schedule to avoid Judicial Review.
- The Ninth Schedule (inserted Article 31B by the 1st Constitutional Amendment) contains a list of central and state laws which cannot be challenged in courts.
- Currently, 284 such laws are shielded from judicial review.
- Article 31B can be applied retrospectively.
- Although Article 31B excludes judicial review, laws under the Ninth Schedule are open to scrutiny if they are violative of the basic structure of the Constitution (I R Coelho case 2007).
- So, any law that was added to the Ninth Schedule after April 24, 1973, can be contested.
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