Waman Rao Case (1980)
– Judicial Review of the Ninth Schedule
Background of the Case
The Ninth Schedule was inserted by the 1st Constitutional Amendment Act, 1951 to protect certain laws—mainly land reform laws—from judicial review.
Over time:
- Numerous Acts and Regulations were added to the Ninth Schedule
- This raised a serious constitutional concern:
Can Parliament place any law beyond judicial scrutiny by simply inserting it into the Ninth Schedule?
This question reached the Supreme Court in the Waman Rao case.
Core Constitutional Questions
- Are laws placed in the Ninth Schedule immune from judicial review?
- Does the Basic Structure doctrine apply to Ninth Schedule laws?
- From which date should such judicial scrutiny operate?
Supreme Court’s Judgement
The Supreme Court delivered a balanced and forward-looking ruling.
(a) Pre–24 April 1973 Amendments Are Valid
The Court held that:
- All constitutional amendments made before 24 April 1973
- That inserted laws into the Ninth Schedule
- Are valid and immune from challenge
Why this date?
- 24 April 1973 is the date of the Kesavananda Bharati judgment
- Before this date, the Basic Structure doctrine had not been laid down
(b) Post–24 April 1973 Amendments Are Open to Challenge
The Court further held that:
- Any constitutional amendment after 24 April 1973
- Which adds laws to the Ninth Schedule
- Is subject to judicial review
Such amendments will be valid only if → They do not damage or destroy the basic structure of the Constitution
Thus: The Ninth Schedule is not a constitutional black hole.
Constitutional Significance
This judgment:
- Harmonised constitutional continuity with constitutional supremacy
- Prevented retrospective invalidation of earlier land reform laws
- Ensured that Parliament cannot misuse the Ninth Schedule to bypass constitutional limitations
- Extended the Basic Structure doctrine to the Ninth Schedule
Impact of the Judgement
- Strengthened judicial review
- Limited Parliament’s ability to shield laws arbitrarily
- Laid the foundation for I.R. Coelho Case (2007), which further clarified this principle
Place in Constitutional Evolution
| Case | Contribution |
|---|---|
| Kesavananda Bharati (1973) | Basic Structure doctrine |
| Waman Rao (1980) | Ninth Schedule under scrutiny |
| I.R. Coelho (2007) | Substantive test of laws |
Summary
The Waman Rao Case (1980) held that Ninth Schedule laws added before 24 April 1973 are valid, while those added after that date are subject to judicial review on the ground of basic structure violation.
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