- Why in news
- On 25 July 2026, the Law Minister told the Lok Sabha that the Centre has deferred Karnataka's request to put its 2022 SC/ST reservation Act in the Ninth Schedule, because the Act is under challenge in the Karnataka High Court.
- What it is
- The Ninth Schedule was added by the First Amendment in 1951 to shield land reform laws from court challenge. Laws placed in it are protected under Article 31B. Since the I.R. Coelho case (2007), laws added after 24 April 1973 can be reviewed in court if they violate the basic structure or fundamental rights.
- Request
- Karnataka asked the Centre to include its 2022 SC/ST reservation Act in the Ninth Schedule.
- Reservation level
- The Act is part of a framework giving 56 per cent reservation to SCs, STs and OBCs.
- Why deferred
- The Act is challenged in the Karnataka High Court and is sub-judice, so inclusion was held not appropriate for now.
- Constitutional basis
- The Ninth Schedule was inserted by the First Amendment Act, 1951, and its protection flows from Article 31B.
- I.R. Coelho (2007)
- The Supreme Court held that laws placed in the Ninth Schedule after 24 April 1973 are open to judicial review on the basis of the basic structure test.
- Who amends it
- Parliament adds laws to the Ninth Schedule by a constitutional amendment.
Don’t confuse with Ninth Schedule vs Article 15(4)/16(4): Articles 15(4) and 16(4) enable reservation. The Ninth Schedule only shields a law from challenge, subject to basic structure review.
Laws, judgments and statutory bodies: 30 Prelims questions since 2013 (what the law says, who chairs, legal basis). In Mains, 44 news-triggered questions, most in GS2, asking for provisions and challenges.
Why it matters
- Shows that Ninth Schedule inclusion is not automatic and the Centre will wait for pending court review.
Problems
- Since Coelho, Ninth Schedule inclusion gives limited protection, as laws remain open to basic structure review.
- Reservation above the 50 per cent ceiling set in Indra Sawhney (1992) faces legal challenge.
Way forward
- States can back higher reservation with quantifiable data on backwardness and representation.
- Await the High Court ruling before any constitutional amendment is considered.
Put in your answer
I.R. Coelho v. State of Tamil Nadu (2007): Ninth Schedule laws enacted after 24 April 1973 can be tested against the basic structure.
Indra Sawhney (1992): The Supreme Court set a 50 per cent general ceiling on reservation, allowing exceptions only in extraordinary situations.
- 2016Mains GS2 · Q6What Coelho case held; judicial review as basic feature.
- 2019Mains GS2 · Q12Whether Parliament can destroy basic structure via amending power.
- 2013Mains GS2 · Q4Supreme Court's check on Parliament's arbitrary amending power.
- 2018Prelims Q5Whether courts can examine laws placed in Ninth Schedule.
- 2019Prelims Q47Which PM's tenure saw Ninth Schedule introduction.
- 2003Prelims Q148Which amendment added the Ninth Schedule to Constitution.
UPSC’s own questions that come close to this issue, from our Prelims and Mains banks.
No practice question for this one; the card may still help an answer. Why: Lasting constitutional topic on Ninth Schedule and the 50% cap. The government deferred it, so no fresh decision to test.
Worth revising until Prelims 2028: most news questions come within two years of the event.