34th Constitutional Amendment Act, Background, Purpose, Case Laws

The 34th Constitutional Amendment Act was passed in 1974 as an important amendment to the Constitution of India. It was introduced to make certain changes related to laws passed by the government in order to promote social and economic justice in the country. The amendment aimed to support government efforts to bring reforms in important areas of society and ensure that such laws could function effectively. It also reflected the commitment of India to strengthen the goals of equality, welfare, and development within the constitutional framework.

34th Constitutional Amendment Act Background

• After independence, the government of India introduced several land reform laws to reduce inequality in land ownership and improve the condition of farmers. These laws aimed to remove large landholdings and distribute land more fairly among the people.
• However, many of these laws were challenged in courts on the ground that they violated certain Fundamental Rights of the Constitution of India, especially the right to property that existed at that time. Because of these legal challenges, the implementation of some reform laws became difficult.
• To protect such laws and ensure that social and economic reforms could continue without legal obstacles, the government decided to include them in the Ninth Schedule of the Constitution of India, which gives protection from judicial review in many cases. As a result, the 34th Constitutional Amendment Act was passed to add more laws to the Ninth Schedule and support the process of social and economic reforms in the country.

34th Constitutional Amendment Act Purpose

• The main purpose of the 34th Constitutional Amendment Act was to protect certain important laws related to land reforms from being challenged in courts.
• The amendment added several state land reform laws to the Ninth Schedule to ensure their smooth implementation. 
• Another purpose of the amendment was to support the goal of social and economic justice mentioned in the Constitution of India. By protecting these laws, the government wanted to promote fair distribution of resources and improve the condition of farmers and rural society in India.

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34th Constitutional Amendment Act Significance

• Protected Reform Laws: The 34th Constitutional Amendment Act helped protect several important land reform laws by placing them in the Ninth Schedule of the Constitution of India.
• Supported Land Reforms: It strengthened the implementation of land reform policies aimed at reducing inequality in land ownership.
• Reduced Legal Challenges: By adding these laws to the Ninth Schedule, the amendment limited the possibility of these laws being challenged in courts.
• Promoted Social Justice: The amendment supported the goal of creating a more equal and fair society, as envisioned in the Constitution of India.
• Strengthened Welfare Policies: It allowed the government to continue policies meant for the welfare of farmers and rural communities in India.

34th Constitutional Amendment Act Case Laws

The 34th Constitutional Amendment Act added 20 land reform and land tenure laws from different states to the Ninth Schedule of the Constitution of India. The main purpose of adding these laws to the Ninth Schedule was to protect them from being challenged in courts. These laws were mainly related to land ceiling, redistribution of land, and tenancy reforms, which aimed to reduce inequality in land ownership and improve the condition of farmers.

• Kesavananda Bharati v. State of Kerala (1973): The Supreme Court introduced the Basic Structure Doctrine, stating that Parliament cannot amend the Constitution of India in a way that destroys its basic structure.
• Waman Rao v. Union of India (1981): The Court held that laws placed in the Ninth Schedule of the Constitution of India after 24 April 1973 can be challenged in courts if they violate constitutional principles.
• I.R. Coelho v. State of Tamil Nadu (2007): The Supreme Court ruled that any law added to the Ninth Schedule after 24 April 1973 is subject to judicial review if it violates fundamental rights or the basic structure of the Constitution.