UPSC Prelims 2019 Q47: Indian Polity – Constitutional Framework & Development
- (a) Jawaharlal Nehru
- (b) Lal Bahadur Shastri
- (c) Indira Gandhi
- (d) Morarji Desai
Answer: (a) Jawaharlal Nehru
Explanation
Ninth Schedule: Insertion into Constitution
| Aspect | Detail |
|---|---|
| Introduced by | First Constitutional Amendment Act, 1951 |
| Prime Minister | Jawaharlal Nehru |
| Purpose | Shield land reform laws from judicial review under Fundamental Rights (particularly Article 31 - Right to Property, since deleted) |
| Article | Article 31B - laws in Ninth Schedule 'notwithstanding any judgment... shall not be deemed void' |
| Judicial review status | Since I.R. Coelho case (2007), Ninth Schedule laws added after 24 April 1973 (Kesavananda Bharati date) are subject to judicial review if they violate the basic structure. |
Answer: (a) Jawaharlal Nehru.
Why each option is right or wrong
- (a) CORRECT. The Ninth Schedule was inserted by the First Constitutional Amendment Act, 1951, during Jawaharlal Nehru's prime ministership, to protect land reform laws from judicial review.
- (b) Incorrect. Shastri (1964-66) did not introduce Ninth Schedule.
- (c) Incorrect. Indira Gandhi added many laws to Ninth Schedule (42nd Amendment era) but did not introduce it.
- (d) Incorrect. Morarji Desai (Janata, 1977-79) reversed several Emergency amendments; did not create Ninth Schedule.
Key point
Ninth Schedule = First Amendment (1951, Nehru). Article 31B shields listed laws. Post-1973 Ninth Schedule laws subject to basic-structure review (I.R. Coelho, 2007).
Remember
The Ninth Schedule was inserted into the Constitution of India by the First Constitutional Amendment Act, 1951, during the prime ministership of Jawaharlal Nehru. It was intended to shield land reform laws from judicial review under Article 31 (then Right to Property).
Common mistakes
- Confusing insertion of Ninth Schedule (Nehru, 1951) with expansion (subsequent PMs).
- Assuming any land-reform-related change is Indira-era - Nehru led the first push.
- Not knowing I.R. Coelho case (2007) limited absolute immunity of Ninth Schedule laws.
Exam tip
Schedule-Amendment origins: 1st Amendment (1951, Nehru) = 9th Schedule + reasonable restrictions on FRs. 42nd Amendment (1976, Indira) = Preamble words 'socialist, secular, integrity' + 10 fundamental duties. 44th Amendment (1978, Morarji) = reversed many Emergency changes.
Sources
- First Constitutional Amendment Act, 1951
- Supreme Court judgment - I.R. Coelho v State of Tamil Nadu (2007)