Which one of the following statements with regard to the Ninth Schedul

Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct?

[amp_mcq option1=”It was inserted by the Constitution (First Amendment) Act, 1951.” option2=”The Acts and Regulations specified in the Ninth Schedule shall become void on the ground that it violates a fundamental right in Part III of the Constitution.” option3=”The Supreme Court has the power of judicial review of an Act included in the Ninth Schedule on the doctrine of basic structure.” option4=”The appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule.” correct=”option2″]

This question was previously asked in

UPSC CDS-2 – 2016

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The statement which is not correct with regard to the Ninth Schedule of the Constitution of India is B).

Statement B is incorrect because Acts and Regulations placed in the Ninth Schedule were initially intended to be beyond the scope of judicial review, even if they violated fundamental rights (though this absolute immunity was later challenged and modified by the Supreme Court). The statement says they *shall become void* on the ground of violating a fundamental right, which is the opposite of the original protective intent of the Ninth Schedule.

The Ninth Schedule was added to the Constitution by the First Amendment Act, 1951, primarily to protect land reform laws from being challenged in courts on the ground that they violated fundamental rights, particularly the right to property (which was a fundamental right at the time). The Supreme Court, in the I.R. Coelho case (2007), held 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. Legislatures do have the power to repeal or amend Acts placed in the Ninth Schedule.

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