Relationship Between IXth Schedule of Indian Constitution and Section 118 of Himachal Pradesh Tenancy and Land Reforms Act (HPTLRA), 1972: An Analysis

Author: Lalit Jain

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Abstract

The Ninth Schedule of the Indian Constitution lists various central and state laws that are shielded from judicial review. It was introduced through the Constitution (First Amendment) Act, 1951. Initially, 13 laws were placed under this schedule. This amendment was a response to the Supreme Court's ruling in the Shankari Prasad case, which held that parliamentary laws could be contested if they infringed upon fundamental rights. The Ninth Schedule was established by incorporating Article 31B into the Constitution, alongside Article 31A. These provisions aimed to safeguard legislation concerning agrarian reforms and the abolition of the Zamindari system. Laws under the Ninth Schedule cannot be challenged in courts for violating the fundamental rights enshrined in the Constitution. This schedule grants the legislature the authority to protect certain laws from judicial scrutiny through constitutional amendments. The relationship between the 9th Schedule of the Indian Constitution and the Himachal Pradesh Tenancy and Land Reforms Act (HPTLRA), 1972, illustrates the intersection of legislative power and judicial review in land reform matters. The 9th Schedule, introduced by the First Amendment Act of 1951, is essential in protecting specific laws, particularly those relating to land and agrarian reforms, from judicial scrutiny. This article examines how the 9th Schedule influences the HPTLRA, 1972, and its impact on the state's agrarian policies

Keywords

Ninth Schedule, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Indian Constitution, fundamental rights

Conclusion

The Himachal Pradesh Tenancy and Land Reforms Act, 1972, played a pivotal role in the state's agrarian reform efforts, aiming to reduce inequality and improve the welfare of the rural population (Jain, 2023). The inclusion of the Act in the 9th Schedule allowed for its smooth implementation, free from challenges that could have delayed or derailed the reforms. However, despite this protection, the judiciary retains the power to ensure that the law aligns with the Constitution's fundamental values, particularly concerning social justice and fairness. Ultimately, the Act exemplifies the state's commitment to social and economic justice, while also highlighting the evolving role of the judiciary in safeguarding constitutional integrity

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