Consider the following statements: 1. The Parliament of India can p

Consider the following statements:

1. The Parliament of India can place any 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 judgment can be made on it.

Which of the statements given above is/are correct?

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1 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CAPF – 2010

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Statement 1 is correct. The Parliament has the power to amend the Constitution and can add laws to the Ninth Schedule through a constitutional amendment. Statement 2 is incorrect. While laws placed in the Ninth Schedule were initially immune from judicial review, the Supreme Court in the I.R. Coelho case (2007) held that laws placed in the Ninth Schedule after April 24, 1973, are open to judicial review if they violate the basic structure of the Constitution.

Laws placed in the Ninth Schedule are not absolutely immune from judicial review; their validity can be examined on the ground of violating the basic structure of the Constitution if they were added after the Kesavananda Bharati judgment date.

The Ninth Schedule was added to the Constitution by the 1st Amendment Act, 1951, primarily to protect land reform laws from being challenged in courts on the ground of violation of Fundamental Rights, particularly the right to property.

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