The 29th Amendment of the Indian Constitution, officially known as the Constitution (Twenty-Ninth Amendment) Act, 1972, is one of the key amendments p

29th Amendment of the Indian Constitution (1972)

The 29th Amendment of the Indian Constitution, officially known as the Constitution (Twenty-Ninth Amendment) Act, 1972, is one of the key amendments passed during the early 1970s — a time when India was undergoing rapid social and political transformation.

This amendment mainly focused on land reforms in the state of Kerala. It placed two important land reform acts of the Kerala government into the Ninth Schedule of the Constitution, giving them protection from being challenged in courts of law.

While this might sound technical, the amendment had a deep impact on India’s balance between fundamental rights and social justice. It also became part of one of the most famous Supreme Court cases in Indian history — Kesavananda Bharati v. State of Kerala (1973) — which led to the creation of the Basic Structure Doctrine.

Let’s understand what the 29th Amendment was, why it was passed, what changes it brought, and why it is still important in India’s constitutional story.

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Background: Why the 29th Amendment Was Needed

To understand the need for the 29th Amendment, we have to look at India’s situation in the late 1960s and early 1970s.

After independence, India adopted the goal of creating a socialist and equitable society. One of the biggest steps toward this was land reform — redistributing agricultural land from large landlords to landless farmers.

The idea was simple: India couldn’t become truly free if millions of people continued to work as landless laborers under the control of a few wealthy landlords.

Land Reforms and Legal Challenges

Many states passed land reform laws to set ceilings on land ownership, take away excess land from rich landlords, and redistribute it to poor farmers.

However, these laws often faced legal challenges in courts. Landowners argued that such laws violated their fundamental rights, especially:

• Right to property (Article 19(1)(f) and Article 31)

• Right to equality (Article 14)

As a result, several land reform acts were struck down by the courts for being unconstitutional.

The Ninth Schedule Solution

To protect land reform laws from being invalidated, the First Amendment (1951) created the Ninth Schedule in the Constitution.

Laws placed in this Schedule are protected under Article 31B, which states that no law included in this Schedule can be declared invalid for violating fundamental rights.

Over the years, many state laws related to land reforms were added to this Schedule through constitutional amendments.

Kerala’s Land Reforms

Kerala was one of the first states to implement strong land reform policies. In 1969 and 1971, the Kerala Legislative Assembly passed two major laws:

1. Kerala Land Reforms (Amendment) Act, 1969

2. Kerala Land Reforms (Amendment) Act, 1971

These acts aimed to limit how much land one person could own and redistribute excess land to poor farmers. However, these laws were challenged in court by landlords, who claimed that the Acts violated their constitutional rights.

To ensure these reforms could not be struck down, the Parliament of India decided to place both Acts into the Ninth Schedule of the Constitution — and this was done through the 29th Amendment.

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Objectives of the 29th Amendment

The 29th Amendment had one clear and specific goal — to protect Kerala’s land reform laws from judicial interference.

The main objectives were:

1. To include the Kerala Land Reforms (Amendment) Acts of 1969 and 1971 in the Ninth Schedule.

2. To ensure that these laws could not be declared invalid for violating fundamental rights.

3. To strengthen land redistribution and promote social justice in Kerala.

4. To continue India’s constitutional policy of prioritizing social equality over property rights.

In short, the amendment aimed to secure legal protection for land reforms and support the government’s broader goal of reducing inequality.

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Provisions of the 29th Amendment

The Constitution (Twenty-Ninth Amendment) Act, 1972 is a short but powerful amendment. It made only one major change to the Constitution — but that change had long-lasting consequences.

1. Amendment to the Ninth Schedule

The 29th Amendment inserted two new entries into the Ninth Schedule. These were:

• Entry 65: The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of 1969)

• Entry 66: The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 1971)

This means that these two Kerala laws were now protected under Article 31B, which says that any law included in the Ninth Schedule cannot be declared void or unconstitutional, even if it violates fundamental rights.

2. Protection from Judicial Review

Once included in the Ninth Schedule, these Acts became immune from judicial scrutiny on the grounds of violating Articles 14, 19, or 31.

This allowed the Kerala government to freely implement land reforms without fear of the courts striking them down.

3. Continuation of the Land Reform Movement

The amendment reaffirmed the government’s commitment to land redistribution and social justice. It ensured that land reforms could proceed smoothly across India.

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The Ninth Schedule and Article 31B

The Ninth Schedule was added to the Constitution in 1951 to protect laws that were essential for implementing social and economic reforms.

Article 31B — which is directly connected to the Ninth Schedule — states that:

“None of the Acts and Regulations specified in the Ninth Schedule shall be deemed to be void on the ground that they are inconsistent with any of the fundamental rights.”

This means once a law is placed in the Ninth Schedule, it cannot be struck down by the courts for violating fundamental rights like the right to equality or property.

However, over time, the use of this Schedule became controversial because it was sometimes used to shield even ordinary or political laws from judicial review — not just land reforms.

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The Link Between the 29th Amendment and the Kesavananda Bharati Case

The 29th Amendment became one of the central issues in the Kesavananda Bharati v. State of Kerala (1973) case — one of the most important constitutional cases in India’s history.

Kesavananda Bharati, the head of a monastery in Kerala, challenged the state’s land reform laws in court. He argued that these laws, and the 29th Amendment that protected them, violated his fundamental rights to property and freedom of religion.

This led to a massive constitutional debate about how far Parliament’s power to amend the Constitution could go.

In a landmark 13-judge bench decision, the Supreme Court ruled:

• Parliament has wide powers to amend the Constitution, but it cannot destroy the basic structure of the Constitution.

• The 29th Amendment was upheld as valid, because it did not violate the basic structure.

This case established the Basic Structure Doctrine, which means Parliament can amend any part of the Constitution, but not in a way that destroys its fundamental framework — such as democracy, rule of law, or fundamental rights.

Thus, the 29th Amendment not only protected Kerala’s land laws but also became part of India’s most defining legal principle — the idea that the Constitution has a basic structure that cannot be altered.

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Impact of the 29th Amendment

The most immediate effect was that Kerala could continue its land reforms without legal hurdles. Land redistribution programs went ahead, and thousands of poor families benefited from receiving land.

The 29th Amendment reinforced the use of the Ninth Schedule as a shield for social and economic laws. It showed that Parliament was committed to protecting reform-oriented legislation from judicial challenges.

Because it was challenged in the Kesavananda Bharati case, the amendment became the foundation for the Supreme Court’s landmark decision — which continues to shape constitutional law today.

The amendment showed India’s continuing struggle to balance individual rights (like property rights) with social reforms (like land redistribution).

It also sent a political message — that Parliament, and not the judiciary, would have the final say on policies aimed at social justice.

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Significance of the 29th Amendment

Despite the criticism, the 29th Amendment remains one of the most significant in India’s constitutional history for several reasons:

1. Strengthened Social Justice: It helped promote equality by supporting land reforms, ensuring that poor farmers could access land.

2. Protected State Reforms: It showed the importance of protecting state-level reforms from endless legal disputes.

3. Linked to Basic Structure Doctrine: It directly led to the Supreme Court’s most important doctrine, shaping the limits of Parliament’s powers.

4. Encouraged Federal Cooperation: It reflected how both the State of Kerala and the Union Government worked together for social reform.

5. Symbol of Change: It symbolized India’s commitment to removing economic inequality and promoting a fairer society.

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The Ninth Schedule After the 29th Amendment

After 1972, many more laws were added to the Ninth Schedule. By the early 2000s, there were over 280 laws listed in it.

However, in 2007, the Supreme Court clarified that any law added to the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) could still be reviewed by the courts if it violated the basic structure of the Constitution.

This means that while the 29th Amendment remains protected, future amendments adding laws to the Ninth Schedule are not completely immune from judicial scrutiny.

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Conclusion

The 29th Amendment of the Indian Constitution (1972) might look short and specific, but its impact is massive. By adding two Kerala land reform laws to the Ninth Schedule, it protected crucial steps toward social equality and gave momentum to India’s land redistribution movement.

More importantly, it became the starting point for a historic judicial debate that led to the Basic Structure Doctrine, one of the most powerful safeguards of the Indian Constitution.

Through this amendment, India once again showed that its Constitution is a living document — flexible enough to support reform, yet strong enough to protect its core principles.

The 29th Amendment reminds us that real democracy is not just about rights — it’s also about fairness, equality, and justice for the people who need it most.