Roadmap for Answer Writing 1. Introduction Brief Overview: Begin with a concise introduction about the Ninth Schedule, its historical context, and its role in the Indian Constitution. Fact: The Ninth Schedule was introduced by the First Amendment Act of 1951. Purpose: It was designed ...
Model Answer Introduction The Indian Constitution aims to maintain unity and integrity within the diverse socio-political landscape of the nation. Over time, various legislations have been enacted to ensure central control during crises and to address specific challenges that threaten this unity. BoRead more
Model Answer
Introduction
The Indian Constitution aims to maintain unity and integrity within the diverse socio-political landscape of the nation. Over time, various legislations have been enacted to ensure central control during crises and to address specific challenges that threaten this unity.
Body
Epidemic Diseases Act, 1897
The Epidemic Diseases Act was established to curb the spread of dangerous epidemics across India. It empowers the central government to implement necessary measures, such as the inspection and segregation of travelers, to manage public health emergencies (Source: Epidemic Diseases Act, 1897). This act has been crucial during health crises like the COVID-19 pandemic, enabling a coordinated national response. While it allows state governments to create temporary regulations, the overarching authority remains with the central government, showcasing a centralizing tendency aimed at maintaining public health and safety.
Disaster Management Act, 2005
The Disaster Management Act provides a comprehensive framework for managing disasters, including aspects like preparedness and response. It established the National Disaster Management Authority (NDMA), chaired by the Prime Minister, to supervise disaster management nationally (Source: Disaster Management Act, 2005). This legislation empowers the central government to formulate policies and guidelines that states must follow, ensuring a unified strategy. Such centralization facilitates efficient resource allocation and coordination during emergencies, further exhibiting the Constitution’s inclination toward central authority for national integrity.
Farm Acts
The recently passed Farm Acts aim to reform India’s agricultural sector by liberalizing trade and enhancing market access for farmers. However, these acts have been criticized for undermining state authority, particularly regarding agricultural marketing and price regulation (Source: Government of India, Ministry of Agriculture). The central government’s role in these reforms raises concerns about the erosion of federalism, leading to widespread protests from stakeholders who feel their autonomy is being compromised.
Conclusion
These legislations illustrate the Indian Constitution’s centralizing tendencies. While central control can ensure unity and effective decision-making, it is crucial to maintain a balance that respects the federal structure of the nation.
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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 gRead more
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.
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