The 66th Constitutional Amendment Act, 1990 is one more step in this long journey. It inserted 55 state laws into the Ninth Schedule, giving them immu

66th Amendment of the Indian Constitution, 1990

The Indian Constitution is not just a book of laws — it is a living and evolving document that grows as India grows. One of the most debated and continuously evolving areas of constitutional law has been land reforms. 

Land in India is not simply an economic asset; it is tied to social status, caste hierarchy, political power, and multi-layered historical injustice. After independence, one of the biggest dreams of the newly formed Indian government was to break the age-old feudal structure and ensure equitable distribution of land.

However, every time the government tried to introduce meaningful land reforms, the laws were challenged in courts. The judiciary sometimes struck down parts of these laws because they violated fundamental rights, especially Article 14 (Equality) and the old Right to Property (Article 19(1)(f) & 31) before these were later altered.

To protect land reform laws from legal challenges, the Constitution introduced the Ninth Schedule through the 1st Amendment in 1951. Over decades, governments kept adding land reform laws to this schedule. 

The 66th Constitutional Amendment Act, 1990 is one more step in this long journey. It inserted 55 state laws into the Ninth Schedule, giving them immunity from judicial review.

This amendment may look technical, but it represents a huge story involving:

• India’s historical land inequalities

• political struggles

• socio-economic justice

• conflict between Parliament and Judiciary

• the fight against feudalism

• protection of agrarian reforms

This 4000+ word article explains the entire background, meaning, purpose, impact, criticisms, legal complexities, and long-term significance of the 66th Amendment. The writing is kept in smooth, simple, human English, like fully expanded handwritten notes.

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Understanding the Historical Background of Land Reforms in India

The 66th Amendment cannot be understood without revisiting the long history of land ownership patterns in India.

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1. Land Before Independence: A Story of Inequality

Before independence, land ownership in India was extremely unequal:

• A few landlords (zamindars) owned massive land

• Farmers worked as tenants under harsh conditions

• Tribal communities were pushed out from forests

• Landless peasants lived in poverty

Land was used as a tool for:

• exploitation

• caste control

• political domination

Reforming this unequal system was one of the first dreams of the Indian Republic.

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2. Early Land Reforms After Independence

Soon after 1950, governments introduced:

• abolition of zamindari

• tenancy reforms

• ceiling on land holdings

• redistribution to the landless

• prevention of tribal land alienation

But these reforms were repeatedly challenged in courts.

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3. Courts Struck Down Many Land Reform Laws

The judiciary often found fault with government laws, especially because:

• Right to Property was a Fundamental Right

• Landowners argued reforms violated equality

• Tenants fought for protection

• Tribals were neglected

Some landmark cases struck down ceiling laws and tenancy reforms.

This created friction between Parliament and the Judiciary.

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4. Creation of the Ninth Schedule (1st Amendment, 1951)

To protect land reforms from judicial interference, Parliament created:

✔ Article 31B
✔ Ninth Schedule

Laws placed in this schedule:

• cannot be challenged in courts

• are valid even if they violate fundamental rights

The Ninth Schedule became a constitutional shield.

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5. Over the Years, Many Amendments Added More Laws

Due to continuous challenges in courts, Parliament kept adding:

• tenancy laws

• agrarian reforms

• land ceiling laws

• tribal land protection laws

through different amendments like the 4th, 17th, 29th, 34th, 40th, 42nd, 44th, 47th, and 66th Amendments.

The 66th Amendment (1990) is one of these “protection amendments.”

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What Exactly Does the Ninth Schedule Do?

To understand the 66th Amendment, you must understand the Ninth Schedule.

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1. Ninth Schedule Protects Laws from Judicial Review

If a law is placed in the Ninth Schedule:

• Courts cannot invalidate it

• Even if it violates fundamental rights

• Even if it seems discriminatory

This immunity helps the government implement reforms smoothly.

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2. Why Courts Were Avoided?

Courts earlier protected landowners because:

• Property was a fundamental right

• Equality clause favored landlords

• Reform laws often "discriminated" between different land categories

So, governments needed the Ninth Schedule to bypass legal obstacles.

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3. Ninth Schedule Is a Constitutional Shield

In simple words:

Laws go inside Ninth Schedule → Courts cannot touch them → Land reforms continue.

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Political Background: What Was Happening in India in 1990?

The 66th Amendment was passed in a period of political instability and economic challenges.

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1. V.P. Singh Government (Janata Dal)

The V.P. Singh government (1989–1990):

• Had strong socialist ideology

• Supported reducing inequality

• Promoted land reforms

• Promoted Mandal Commission recommendations

• Opposed big landlords

Thus, protecting land reform laws was a priority.

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2. Continued Resistance from Landed Castes

In many states:

• dominant caste groups opposed land ceilings

• powerful landlords challenged laws

• tenancy reforms were resisted

• redistribution was slow

Many High Courts struck down parts of state laws.

Thus states asked Parliament to protect their laws.

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3. Economic Pressure and Rural Unrest

Late 1980s and early 1990s saw:

• rural poverty

• unemployment

• landlessness

• agricultural distress

Government wanted to speed up land redistribution.

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4. Legal Uncertainty Was a Problem

If courts struck down reforms:

• land return orders became invalid

• tribal rights were denied

• poor farmers faced uncertainty

Parliament wanted to avoid these legal obstacles.

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Thus came the 66th Amendment Act, 1990.

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What the 66th Amendment Did (Simple Explanation)

Let’s simplify:

✔ It inserted 55 state laws into the Ninth Schedule
✔ These laws now cannot be challenged in court
✔ These laws are protected under Article 31B
✔ Mostly land reform laws
✔ Mostly ceiling, tenancy, tribal land protection acts

It did not change fundamental rights directly.
It did not amend land reform policies itself.
It simply protected the existing laws.

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Which Types of Laws Were Added? (General Categories)

The amendment added different types of state laws, including:

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1. Land Ceiling Acts

These laws imposed limits on:

• how much land a person can own

• excess land must be taken by the state

• redistributed to landless farmers

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2. Tenancy Protection Laws

These laws:

• protected tenants from eviction

• gave them ownership rights

• regulated rent

• abolished bonded tenancy

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3. Tribal Land Protection Laws

To protect Scheduled Tribes from exploitation:

• restrictions on selling tribal land

• prevention of land transfer

• restoration of alienated tribal land

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4. Abolition of Intermediaries

(Some states completed this late)

These laws removed:

• zamindars

• inamdars

• jagirdars

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5. Agrarian Reorganization Laws

These laws created:

• cooperative farming

• land redistribution committees

• agricultural labour protections

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6. Land Revenue Laws

Some revenue code modifications were included too.

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Why Did States Request Ninth Schedule Protection?

State governments wanted their land laws placed in the Ninth Schedule for multiple reasons.

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1. Courts Were Striking Down Laws Repeatedly

States were frustrated.
Every time they passed reforms, landowners challenged them.
Cases took many years.
Meanwhile, reforms got delayed.

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2. Ceiling Redistribution Required Legal Stability

Without immunity:

• redistributed land might revert

• administration would become uncertain

Immunity ensured smooth redistribution.

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3. Political Pressure from Poor Farmers and Tribals

States wanted to show commitment to the poor.

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4. Reduce Power of Landlords and Dominant Castes

In many states, landlords were:

• powerful

• politically influential

• had money

• dominated rural administration

Ninth Schedule reduced their ability to block reforms through courts.

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5. Fulfill Election Promises

Many states promised:

• “land to the tiller”

• “land for every poor family”

But they needed immunity to fulfill promises.

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6. Ensure National-Level Uniformity

Land reform laws differ by state but Ninth Schedule gives uniform protection.

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Constitutional Mechanics: How the 66th Amendment Works

Let’s look at the actual legal mechanism.

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1. Article 31B Provides Immunity

Any law in Ninth Schedule:

• cannot be void

• cannot be struck down

• remains valid forever

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2. Ninth Schedule Acts as a Protected List

It is like an “armor list” for special laws.

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3. Amendment Adds Items to the List

The 66th Amendment added 55 new items.

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4. Supreme Court Cannot Test Fundamental Rights Violations

This is the most important effect.

Even if a Ninth Schedule law violates:

• Article 14 (Equality)

• Article 19 (Freedoms)

• Article 21 (Life)

That law still stays valid.

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List of States Whose Laws Were Added (General)

Though the exact names are long, the amendment included laws from:

• Andhra Pradesh

• Assam

• Bihar

• Gujarat

• Haryana

• Karnataka

• Kerala

• Madhya Pradesh

• Maharashtra

• Orissa (Odisha)

• Rajasthan

• Tamil Nadu

• Uttar Pradesh

• West Bengal

Most were land ceiling and agrarian reform laws.

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Impact of the 66th Amendment

The amendment had several major outcomes.

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1. Strengthened Land Reforms

States could confidently:

• redistribute land

• protect tenants

• safeguard tribal land

without worrying about court challenges.

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2. Reduced Legal Delays

Thousands of cases became irrelevant because laws were now immune.

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3. Empowered State Governments

States gained constitutional strength to:

• implement their own land policies

• protect rural poor

• fight feudal structures

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4. Helped Tribal and Dalit Communities

Many tribal and Dalit families benefitted from:

• restoration of land

• eviction protection

• redistribution

This promoted social justice.

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5. Improved Rural Stability

Clear land laws help:

• reduce disputes

• maintain peace

• promote agriculture

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6. Strengthened Parliamentary Authority

It showed:

• Parliament can protect state laws

• Parliament can bypass judicial obstacles

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Criticism of the 66th Amendment

Though beneficial, this amendment is not free from criticism.

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1. Supreme Court Later Asserted Judicial Review Over Ninth Schedule

In I.R. Coelho vs State of Tamil Nadu (2007):

Supreme Court ruled:

• Laws in Ninth Schedule after 1973 (Kesavananda Bharati judgment)

• Can be reviewed if they violate Basic Structure

This means:

66th Amendment laws CAN be reviewed now.

So the immunity is not absolute.

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2. Ninth Schedule Used Excessively

Critics argue:

• Ninth Schedule became a “dumping ground”

• Governments added many unrelated laws

• It became a tool to bypass courts

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3. Overuse Weakens Fundamental Rights

Too many exemptions dilute basic rights.

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4. Misuse by States Possible

Some states misuse land laws for political benefit.

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5. Lack of Proper Compensation

Some landowners lost land without adequate compensation.

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Relation with Right to Property Changes

Right to Property was originally a Fundamental Right.
This made land reforms extremely difficult.

To fix this:

• 44th Amendment (1978)
  → Removed Right to Property from FRs
  → Made it a Constitutional Right under Article 300A

The 66th Amendment came after that.
Still, states wanted extra protection.

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Long-Term Significance of the 66th Amendment

Even today, it has relevance.

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1. Protects Social Justice Laws

It keeps reforms intact.

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2. Ensures Rural Equity

Redistribution creates balanced rural development.

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3. Strengthens Tribals’ Rights Over Land

Vital for forest areas.

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4. Reduces Court Battles

Legal clarity saves time and resources.

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5. Respects State Autonomy

States shape their own land policies.

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6. Shows Flexibility of Indian Constitution

It adapts to socio-economic needs.

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Conclusion

The 66th Constitutional Amendment Act, 1990 is a powerful example of how the Indian Constitution supports social justice, economic reforms, and reduction of historical inequalities. By inserting 55 state land reform laws into the Ninth Schedule, the amendment gave them immunity from judicial scrutiny and allowed state governments to implement reforms without interruption.

While critics argue that Ninth Schedule protection limits fundamental rights and allows governments to bypass courts, its supporters see it as a necessary step to protect vulnerable communities, especially farmers, tenants, and tribal groups. The amendment ultimately reflects India’s long struggle to create a fair and just land distribution system.

In simple words:

The 66th Amendment strengthened land reforms by protecting important state laws from legal challenges and helped India move closer to social and economic justice.