Q5. Consider the following statements:
- The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
- The validity of 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?
(a) 1 only
(b) 2 only
(c) 1 and 2 only
(d) Neither 1 nor 2
Answer: A
- Statement 1 is correct: The Ninth Schedule (Article 31-B) was introduced by the former Prime Minister Jawaharlal Nehru to keep certain laws particularly those on land reforms beyond the scope of judicial review. At present there are around 284 laws in the Ninth Schedule. Thus, the Parliament can place a particular law in the Ninth Schedule of the Constitution of India.
- Statement 2 is not correct: In a significant judgment delivered in I.R. Coelho case (2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. The court held that judicial review is a ‘basic feature’ of the Constitution, and it could not be taken away by putting a law in the Ninth Schedule
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