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?

Question

YESPYQ · Accepted Answer

Correct answer: 1 only. Statement 1 is correct: The Ninth Schedule and Article 31-B of the Indian Constitution was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. A law passed by the Parliament and inserted into the Ninth Schedule receives protection under Article 31-B (validation of certain Acts and Regulations) and is thus exempt from judicial review. However in IR Coelho vs State of Tamil Nadu, 2007, the SC ruled that all laws (including those in the Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the constitution. Statement 2 is incorrect: The mandate of Ninth schedule is to prevent judicial scrutiny but according to the Kesavananda Bharati Case, 1973, any violation with the ‘basic structure’ of the Constitution is open to challenge in court of law. Again in IR Coelho vs State of Tamil Nadu, 2007, the SC ruled that all laws (including those in the Ninth Schedule) after 24 April 1973 would be open to Judicial Review if they violated the basic struc

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