Yesterday, Pawan Kalyan announced his stand officially that he is pro Kapu reservations and Janasena will try to ensure Kapu reservations are implemented without legal consequences by including it in 9th schedule of constitution(https://www.telugu360.com/pawan-announced-his-stand-officially-janasena-is-pro-kapu-reservations/). Mudragada, Kapu leader fighting for Kapu reservations also welcomed Pawan’s statement.
BTW, what is this 9th schedule?
Some fans of Janasena were seen discussing after Pawan’s meeting, why it is important to include Kapu reservations in 9th schedule and what exactly is 9th schedule of constitution. Constitution of India has 448 articles in 25 parts, 12 schedules and 5 appendices. Schedules are lists in the constitution which categorise and tabulate bureaucratic activity and government policy. For e.g. 2nd schedule lists the salaries of public officials, judges, and the Comptroller and Auditor General and 8th schedule list of all official languages in India. Same way, 9th schedule deals with validation of certain acts. 9th Schedule says topics or articles or laws mentioned in this schedule are immune from Judicial Review, simply said court battle.
What does this mean? This means, if something is mentioned in 9th schedule, you cannot challenge in courts and courts cannot invalidate such acts of government. Remember, Chandra Babu Naidu sub-divided SCs into SC-A, SC-B, SC-C and SC-D but later Supreme Court has invalidated that act. Same is fate of YSR’s Muslim reservations.
History of 9th schedule
9th schedule was basically inserted into constitution to implement land reforms. Indian society had class divisions and only some sections amassed wealth and lands. Governments in India tried to implement land reforms within democratic set up. When government tried to take away lands from the rich by imposing certain ceiling limit, they challenged in the court. Court verdict was in favour of rich farmers because constitution of India has mentioned ‘right of property’ as fundamental right and another article (14) says all are equal in front of law. So government has no right to take away lands from only ‘a few’ people.
Government responded to this through constitutional amendment. This was the first amendment to constitution. First Amendment in 1951 inserted 9th schedule, article 31-A and 31-B. Article 31-A says, (in simple words) none of the Acts and Regulations specified in the Ninth Schedule can be considered invalid even if they are not in sync with other articles of constitution (e.g. articles 14 and 19). Article 31-B says (in simple words), none of the Acts and Regulations specified in the Ninth Schedule can be challenged in courts.
So, courts can’t invalidate an act if it is in 9th schedule?
They can, but some conditions apply* . Supreme Court later ,in subsequent cases (for e.g. IR Coelho versus State of Tamil Nadu, Kesavanada Bharati case etc) mentioned that they can interfere and invalidate acts of government if they violate “Basic structure” of constitution. But SC did not comprehensively define what this Basic structure” is, but we have to interpret it based on verdicts of Supreme court in various other cases.
Well, if included in 9th schedule, can courts still invalidate “Kapu reservations” or not?
If included in 9th schedule, Kapu reservations may not face any further legal troubles. Courts can invalidate an act only if it is against “Basic structure”. Neither kapu reservations nor exceeding 50% reservations is against this Basic structure” of constitution. After all, Tamil Nadu has been implementing more than 50% reservations since long.
So, if included in 9th schedule, Kapu reservations will have no legal hurdles. But can that be done is a BIG question because it requires a constitutional amendment which needs “SPECIAL majority” (i.e. 2/3 members support in each house). Regional parties or coalition governments, usually can not make such constitutional amendments.
-ZURAN (@CriticZuran)
