Indian Constitution

Model Answer

The Ninth Schedule was introduced by the First Amendment of the Indian Constitution in 1951, primarily to protect certain laws from judicial scrutiny. It was designed to safeguard land reform laws and other legislations aimed at achieving social and economic justice, aligning with the government’s welfare objectives. The inclusion of the Ninth Schedule allowed for laws dealing with land reforms, abolition of zamindari, and redistribution of land to be insulated from challenges based on the violation of fundamental rights (FR). This was particularly important in the post-independence period, when various state and central governments were enacting legislation to promote social and economic welfare in the face of entrenched landholding structures.

Judicial Review of Laws in the Ninth Schedule

Initially, the Supreme Court upheld Parliament’s power to amend the Constitution, including placing laws in the Ninth Schedule, as seen in the case of Shankari Prasad vs. Union of India (1951). The Court held that such amendments could not be challenged on the grounds of violating fundamental rights. The Sajjan Singh vs. State of Rajasthan (1964) case further reaffirmed this stance, upholding the 17th Amendment that placed land acquisition laws in the Ninth Schedule.

However, this position shifted in I.C. Golaknath & Ors. Vs. State of Punjab (1967), where the Court ruled that any constitutional amendment abridging fundamental rights was void. The landmark decision in Kesavananda Bharati vs. State of Kerala (1973) established the “basic structure” doctrine, asserting that no amendment could alter the Constitution’s basic structure, though it did not specifically address the Ninth Schedule.

The case of Waman Rao vs. Union of India (1981) provided a crucial distinction: laws placed in the Ninth Schedule before April 24, 1973, were immune to judicial review, but those added after that date were subject to it. This was further reinforced by the I.R. Coelho vs. State of Tamil Nadu (2007), where the Court ruled that any law added to the Ninth Schedule after April 24, 1973, could be reviewed for its constitutionality.

Conclusion

The Ninth Schedule was introduced with the objective of protecting land reform laws and advancing social justice, but over time, the judiciary has developed a more nuanced approach to its review, balancing legislative intent with the protection of fundamental rights.

Model Answer

Introduction

The role of the Commissioner for Linguistic Minorities (CLM) is pivotal in safeguarding the constitutional rights of linguistic minorities in India. These minorities are groups speaking distinct languages or dialects, recognized by the Indian Constitution. Article 350B provides for the establishment of the Commissioner for Linguistic Minorities to ensure their protection and welfare.

Role of the Commissioner for Linguistic Minorities

1. Investigation of Rights Violations
   The CLM investigates issues related to linguistic minorities to ensure their constitutional safeguards are upheld. This includes examining violations of their rights by government policies or local authorities.
2. Reporting to the President and Parliament
   The CLM submits detailed reports on the status of linguistic minorities to the President of India. These reports are then presented to the Parliament, which plays a key role in shaping the discourse around minority rights.
3. Advice and Recommendations
   The CLM advises the government on policies and strategies concerning linguistic minorities. Through its recommendations, it influences decisions that directly affect these groups.
4. Representation of Minority Interests
   The CLM serves as a voice for linguistic minorities, ensuring their issues are represented at the highest levels of government and facilitating their integration into the broader democratic framework.

Challenges Faced by the CLM

Despite its crucial role, the CLM faces several challenges:

• Inadequate Outreach: The CLM struggles to reach all linguistic minorities due to India’s vast geographical and cultural diversity, leaving some groups unprotected.
• Resource Constraints: Limited financial and human resources hinder the CLM’s ability to effectively carry out investigations and implement policies.
• Lack of Enforcement Power: The CLM’s inability to enforce its recommendations diminishes its impact in addressing the concerns of linguistic minorities.
• Low Awareness: Many linguistic minorities are unaware of the CLM’s existence, leading to underutilization of the office.
• Delayed Reports: The delay in presenting and discussing annual reports in Parliament slows the process of addressing the identified issues.

Recommendations for Strengthening the CLM

To overcome these challenges, the following measures are suggested:

• Enhanced Autonomy: Granting the CLM greater autonomy will enhance its ability to act impartially and effectively.
• Capacity Building: Establishing more local offices and digital initiatives can improve the CLM’s outreach.
• Public Awareness Campaigns: Using multilingual campaigns can raise awareness about the CLM’s role and accessibility among linguistic minorities.
• Timely Report Discussion: Mechanisms should be put in place to ensure that the CLM’s reports are discussed and acted upon promptly in Parliament.

Conclusion

The Commissioner for Linguistic Minorities plays an essential role in protecting the rights of linguistic minorities in India. However, to ensure that its functions are more effective, the office must be strengthened through increased autonomy, resources, and public awareness. By addressing the challenges it faces, India can better safeguard the interests of its diverse linguistic communities.