The 47th Constitutional Amendment Act, 1984 was enacted to further strengthen land reform laws in India by adding more state laws to the Ninth Schedul

47th Constitutional Amendment Act, 1984

The 47th Constitutional Amendment Act, 1984 was enacted to further strengthen land reform laws in India by adding more state laws to the Ninth Schedule of the Constitution.
This amendment was part of India’s ongoing efforts to achieve social and economic justice, especially for farmers and landless laborers.

It came at a time when India was still dealing with the challenges of unequal land distribution, inherited from the feudal and colonial periods. Many state governments had passed laws to redistribute agricultural land and impose land ceilings, but those laws were often challenged in courts as violations of the Fundamental Right to Property.

By adding these laws to the Ninth Schedule, Parliament ensured that such land reform measures could not be easily struck down by the judiciary.

Highlights: 47th Constitutional Amendment Act, 1984

Year of Amendment	1984
Official Name	Forty-Seventh Constitutional Amendment Act, 1984
Date of Enforcement	26th August 1984
Purpose	To include more state laws related to land reforms and agrarian ceilings in the Ninth Schedule for constitutional protection from judicial review.
Main Constitutional Provision Affected	Article 31B and the Ninth Schedule
Number of Acts Added	14 new Acts were added, increasing the total in the Ninth Schedule from 321 to 335.
States Whose Laws Were Added	Assam, Bihar, Haryana, Tamil Nadu, Uttar Pradesh, and West Bengal.
Examples of Acts Included	Assam Fixation of Ceiling on Land Holdings Act, 1956 Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 Haryana Ceiling on Land Holdings Act, 1972 Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 West Bengal Land Reforms Act, 1955
Objective	To protect land reform and tenancy laws from being struck down by courts for violating Fundamental Rights and to promote social and economic justice.
Effect	Strengthened the implementation of land reforms, expanded the Ninth Schedule, and upheld the Directive Principles of State Policy (Articles 38 and 39).
Judicial Review Status	After I.R. Coelho v. State of Tamil Nadu (2007), Ninth Schedule laws can still be reviewed if they violate the Basic Structure of the Constitution.
Significance	Helped states carry out land redistribution without legal hurdles and reinforced India’s commitment to building an equitable, socialist society.
Criticism	Considered overuse of the Ninth Schedule and criticized for reducing the role of the judiciary in protecting Fundamental Rights.
Overall Importance	Promoted social justice, strengthened rural reforms, and protected pro-farmer land laws from constitutional challenges.

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Background: The Need for Another Amendment

After India’s independence in 1947, one of the main goals of the government was to abolish the zamindari system and distribute land more fairly among farmers. To achieve this, several states passed land reform and tenancy laws.
However, many of these laws were challenged by large landowners in courts, claiming that their right to property (then a Fundamental Right under Article 19(1)(f) and Article 31) was being violated.

To protect these laws from being declared unconstitutional, Parliament introduced the First Constitutional Amendment (1951), which created the Ninth Schedule and added Article 31B.
Article 31B said that any law placed in the Ninth Schedule would be immune from judicial review, even if it violated Fundamental Rights.

Since then, the Ninth Schedule has been used repeatedly through different constitutional amendments — such as the 34th, 42nd, and 47th Amendments — to protect land reform and agrarian ceiling laws.

The 47th Amendment was passed for the same purpose — to include more state laws related to land reforms in the Ninth Schedule.

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Why the 47th Amendment Was Needed

Even after earlier amendments (like the 34th and 42nd), many state governments continued to pass new land reform laws to close loopholes and improve implementation.
But again, many of these laws were challenged in courts, especially by wealthy landlords who claimed that their constitutional rights were being violated.

This caused delays in implementing land reforms — the very reforms that were intended to reduce poverty and inequality in rural India.

Therefore, Parliament introduced the 47th Constitutional Amendment Act, 1984, to add these newly enacted state laws to the Ninth Schedule, giving them constitutional protection from judicial interference.

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Main Provisions of the 47th Constitutional Amendment

The 47th Amendment had one main purpose — to expand the Ninth Schedule.

1. Addition of 14 New Acts to the Ninth Schedule

Before the amendment, the Ninth Schedule already contained 321 Acts.
After the 47th Amendment, 14 more Acts were added, increasing the total to 335 Acts.

These newly added laws mostly came from the following states:

• Assam

• Bihar

• Haryana

• Tamil Nadu

• Uttar Pradesh

• West Bengal

Each of these laws dealt with land reforms, ceiling on agricultural holdings, or tenancy regulation.

By including them in the Ninth Schedule, the amendment ensured that they could not be challenged in any court for violating Fundamental Rights.

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Examples of Laws Added

Here are some examples of the laws that were added to the Ninth Schedule through the 47th Amendment:

• Assam Fixation of Ceiling on Land Holdings Act, 1956 (as amended)

• Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (as amended)

• Haryana Ceiling on Land Holdings Act, 1972

• Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (as amended)

• Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (as amended)

• West Bengal Land Reforms Act, 1955 (as amended)

Each of these acts was designed to limit the maximum amount of agricultural land a person or family could own and redistribute the surplus to the landless poor.

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Objective of the 47th Amendment

The main objective of the amendment was to ensure that the spirit of land reforms — as envisioned by the Directive Principles of State Policy (Part IV of the Constitution) — could be effectively implemented.

The Directive Principles, especially Articles 38 and 39(b) & (c), instruct the State to work toward:

• Reducing inequalities in wealth and resources

• Ensuring fair distribution of material resources

• Preventing concentration of wealth in a few hands

However, land reform laws often conflicted with Fundamental Rights (especially the Right to Property), creating a legal deadlock.

The 47th Amendment resolved this by placing those laws in the Ninth Schedule, thereby protecting them from judicial challenges and ensuring that economic justice could prevail over property privileges.

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Effect of the 47th Amendment

The 47th Amendment had the following key effects:

1. Strengthened Land Reforms
   It made sure that state laws aimed at redistributing land or fixing land ceilings could not be declared invalid by the judiciary.

2. Expanded the Ninth Schedule
   With the addition of 14 new laws, the Ninth Schedule now contained 335 Acts, further protecting pro-poor and agrarian legislation.

3. Protected State Autonomy
   It empowered state governments to carry out land reforms freely without the constant fear of litigation.

4. Promoted Social and Economic Justice
   It upheld the vision of the Constitution to create an equitable society by empowering the rural poor.

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Judicial Review and Later Developments

Initially, any law placed in the Ninth Schedule was completely immune from judicial review.
However, the Supreme Court later changed this position.

In the I.R. Coelho v. State of Tamil Nadu (2007) case, the Supreme Court ruled that:

Any law inserted into the Ninth Schedule after 24th April 1973 (the date of the Kesavananda Bharati judgment) is open to judicial review if it violates the Basic Structure of the Constitution.

This means that the laws added through the 47th Amendment — though protected — can still be challenged in court if they are found to damage the basic structure (like the rule of law, equality, or judicial independence).

So, while the amendment remains valid, its protection is not absolute anymore.

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Importance of the 47th Amendment

The 47th Amendment is significant because it:

• Reaffirmed India’s commitment to land reforms and social equality.

• Strengthened the Directive Principles of State Policy.

• Demonstrated how Parliament can use constitutional tools to promote economic justice.

• Showed India’s focus on uplifting rural and agricultural communities.

• Balanced the power between legislature and judiciary in matters of social reform.

In simple words, it was another strong step toward building a fair, socialist, and just society.

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Criticism of the 47th Amendment

While the amendment had noble intentions, it was also criticized on some grounds:

• It was seen as an overuse of the Ninth Schedule, which was originally meant for limited protection.

• Some believed it reduced the scope of Fundamental Rights by allowing Parliament to bypass them.

• Critics argued that placing laws beyond judicial review could lead to misuse by the legislature.

However, supporters argued that the amendment was essential to achieve agrarian justice and fulfill the Directive Principles — which are fundamental to the idea of a welfare state.

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Conclusion

The 47th Constitutional Amendment Act, 1984 was another important step in India’s journey toward economic equality and rural reform. By adding 14 new land reform laws from various states into the Ninth Schedule, it ensured that these laws could not be easily struck down by the courts. It protected the efforts of state governments to implement fair land distribution and empower the poor.

Although later Supreme Court judgments limited Parliament’s power to make Ninth Schedule laws completely immune from judicial review, the 47th Amendment remains a symbol of India’s commitment to social justice and equality.

In simple words:

The 47th Amendment gave land reform laws a constitutional shield — protecting them from court challenges and ensuring that the dream of economic equality moved closer to reality.