·PIB·15 marks·250–350 wordsPolity

Critically analyse the Centre's role in deciding requests for inclusion of state laws in the Ninth Schedule, especially when such laws are sub-judice.

In this answer
  1. The Centre's role: how it operates
  2. Merits of Central scrutiny
  3. Limitations

Article 31B read with the Ninth Schedule shields listed laws from Fundamental Rights challenge, but a State cannot place its own law there — inclusion requires a constitutional amendment by Parliament, making the Union the sole gatekeeper. Karnataka's request to protect its 2022 SC/ST reservation law, deferred by the Centre in July 2026 because the matter is sub-judice, illustrates both the value and the limits of this gatekeeping [1].

The Centre's role: how it operates

  • Constitutional filter: A State reference travels through the Union executive before Parliament amends the Schedule; Karnataka's Chief Secretary wrote to the Union seeking cover for its Act [1].
  • Substantive stakes: The Act raised SC quota from 15% to 17% and ST from 3% to 7%, pushing total reservation to 56% — beyond the 50% ceiling in Indra Sawhney (1992) [2][3].

Merits of Central scrutiny

  • Prevents a race to the bottom among States seeking immunity for populist quota expansions.
  • Deferral respects separation of powers: amending the Schedule while the Karnataka High Court hears the challenge would pre-empt judicial determination [1].
  • Preserves the equality code, since post I.R. Coelho (2007) laws added after 24 April 1973 remain open to basic structure review — protection sought may prove illusory.

Limitations

  • Federal asymmetry: States with genuine social-justice claims backed by empirical backwardness data depend wholly on Union discretion.
  • Absence of transparent, published criteria invites the charge that decisions turn on political convenience rather than constitutional principle.
  • Indefinite deferral creates policy paralysis, leaving beneficiaries and recruitment agencies in limbo.

The Centre's caution here is constitutionally sound but institutionally incomplete. A codified, time-bound framework — objective criteria, mandatory quantifiable-data scrutiny, and a stated timeline once litigation concludes — would convert ad hoc discretion into reasoned federal practice. That would honour both Article 16(4)'s promise of substantive equality and the basic structure's insistence that no law stands wholly beyond review.

Sources

  1. 1Ministry of Law and Justice press release on deferral of Karnataka Reservation Act's Ninth Schedule inclusion (25 July 2026), Press Information BureauCentre's deferral, sub-judice status before Karnataka High Court, State's reference to the Union
  2. 2Karnataka Act No. 1 of 2023 — Karnataka SC and ST (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 2022, India Codestatutory text of the enhanced reservation
  3. 3The Karnataka SC and ST (Reservation) Act, 2022 — PRS Legislative ResearchSC 15%→17%, ST 3%→7%, total 56%

More from this note

More on Polity