UPSC Prelims 2018·GS1·polity-and-governance·constitution

Consider the following statements: 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it. Which of the statements given above is/are correct?

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  1. A1 onlyCorrect
  2. B2 only
  3. CBoth 1 and 2
  4. DNeither 1 nor 2

Explanation

Statement 1 is correct: The Parliament of India, through constitutional amendment acts, has the power to place certain laws in the Ninth Schedule of the Constitution. The Ninth Schedule was added by the First Amendment Act, 1951, primarily to protect land reform laws from judicial review. Statement 2 is incorrect: While laws placed in the Ninth Schedule were initially considered beyond judicial review, the Supreme Court, in its landmark judgment in I.R. Coelho v. State of Tamil Nadu (2007), ruled that laws placed in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) are open to judicial review if they violate the basic structure of the Constitution. This judgment made it clear that the Ninth Schedule does not grant absolute immunity from judicial scrutiny.
polity-and-governance: Consider the following statements: 1. The Parliament of India can place a particular law in the Ninth Schedule of the Co

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