Which one of the following statements is correct ?
Directive Principles of State Policy are not justiciable.
Legislations included in Ninth Schedule are not justiciable.
Laws enacted under Article 323-A are not justiciable.
Ordinances promulgated by the President of India are not justiciable.
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC SO-Steno – 2017
Statement B is incorrect. While laws placed in the Ninth Schedule were initially considered immune from judicial review, the Supreme Court in the I.R. Coelho case (2007) ruled that laws placed in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) are subject to judicial review if they violate the basic structure of the Constitution.
Statement C is incorrect. Laws enacted under Article 323-A (Administrative Tribunals) establish tribunals whose decisions are subject to judicial review by High Courts (under Articles 226/227) and the Supreme Court (under Article 136), as established in the L. Chandra Kumar case (1997).
Statement D is incorrect. Ordinances promulgated by the President under Article 123 or Governors under Article 213 are laws and are subject to judicial review on grounds such as lack of legislative competence, violation of fundamental rights, or malafide intent (as established in cases like D.C. Wadhwa vs. State of Bihar).