We all know about some key amendments to the Indian Constitution, especially the few that happened during the Emergency. However, do you know the first amendment to the Indian Constitution? Nehru’s Parliament imposed restrictions on freedom of speech and expression, backed draconian efforts to end zamindari, and showed that the principle of equality does not bar the adoption of legislation that provides "particular consideration" to the most vulnerable members of society. This was – and to date is – one of the harshest amendments to the Indian Constitution ever passed and went on to open a pandora’s box. While the discussion on the amendment can be very broad, I will only focus on Schedule 9 of the Constitution that came into force to predominantly deal with the zamindari system.
The Constitution's Ninth Schedule enumerates central and state laws that are immune to legal challenges. 13 new statutes were added to the Schedule by the First Amendment. With various years of subsequent revisions, the current total of protected legislation is 284. It was established by Article 31B, which, along with Article 31A, was introduced by the government to safeguard legislation pertaining to agrarian reform and the abolition of the Zamindari system. In the present day, it has a far-reaching impact, not at all restricted to saving the landless. While certain laws pertaining to reservations are mentioned, the majority of the laws deal with land concerns and agriculture. For example, a Tamil Nadu law demands 69% reservation in the state and is included in the Schedule.
The First Amendment undoubtedly has opened a can of worms that is making it easier for future leaders to contain calls for democracy. In addition to circumventing judicial oversight, it also gives unequal treatment to specific laws and policies by implicitly making some more important and farther from transparency and accountability. This lack of checks and balances can lead to misuse of powers by future autocrats who might pass diktats that cannot be overturned, especially at the central level– as the center can override state laws sometimes.
There have been efforts made by the Supreme Court to pass judgments that define the basic structure of the constitution. This could allow them to question the constitutionality of particular laws. But, this seems to be an unlikely case in the future if the National Judicial Appointments Commission(NJAC) decides on judicial appointments. In addition, there is no mention of the basic structure of the constitution anywhere in the original Constitution hence making it very easy for the government to get away with technicalities. The Supreme Court has managed to get some protection for Fundamental Rights under this but it is far from a perfect solution. In addition, demands to include more and more laws under this schedule for political gain seem like a political goal in many states. For example, the government of Jharkhand has proposed a new bill to raise the reservation percentage to 77% in government posts demanding its addition to the Ninth Schedule so that it becomes effective. Only a true altruist government can get rid of this amendment and save the country from this draconian schedule. Source: The Print
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