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UPSC Prelims 2018 Q5: Indian Polity – Constitutional Framework & Development

UPSC Prelims 2018, General Studies Paper I · Indian Polity

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 ?
  1. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and2
  4. (d) Neither 1 nor 2

Answer: (a) 1 only

Explanation

Ninth Schedule of the Constitution

StatementClaimVerdictDetail
1Parliament can place a law in the Ninth ScheduleTRUEThe Ninth Schedule was added by the 1st Constitutional Amendment Act, 1951 and Parliament, through a constitutional amendment under Article 368, can place any law in it (originally to shield land-reform laws from judicial review).
2Validity of Ninth-Schedule laws cannot be examined by any court and no judgement can be madeFALSEOverruled by the Supreme Court in I.R. Coelho v. State of Tamil Nadu (2007). Any law placed in the Ninth Schedule after 24 April 1973 (the Kesavananda Bharati date) can be tested against the basic structure doctrine and struck down if it violates fundamental rights forming the basic structure.

Answer: (a) 1 only.

Why each option is right or wrong

Key point

Ninth Schedule = amendment shield, NOT absolute: Post 24-April-1973 (Kesavananda Bharati), any Ninth-Schedule entry is testable against the basic structure doctrine per I.R. Coelho (2007).

Remember

Parliament can add a law to the Ninth Schedule by constitutional amendment, but the Supreme Court in I.R. Coelho (2007) held that any law placed there after 24 April 1973 is open to judicial review on the basic-structure test. Ninth Schedule immunity is therefore conditional, not absolute.

Common mistakes

Exam tip

Two-part memory: Article 31B + Ninth Schedule = added by 1st Amendment 1951 to protect land reforms. Post-1973 entries testable under basic structure (I.R. Coelho 2007). No blanket immunity.

Sources

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