UPSC Prelims 2018 Q5: Indian Polity – Constitutional Framework & Development
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 ?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and2
- (d) Neither 1 nor 2
Answer: (a) 1 only
Explanation
Ninth Schedule of the Constitution
| Statement | Claim | Verdict | Detail |
|---|---|---|---|
| 1 | Parliament can place a law in the Ninth Schedule | TRUE | The 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). |
| 2 | Validity of Ninth-Schedule laws cannot be examined by any court and no judgement can be made | FALSE | Overruled 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
- (a) CORRECT. Only Statement 1 is right - Parliament can add laws to Schedule 9 via constitutional amendment, but they are not absolutely immune from review.
- (b) Incorrect. Statement 2 was expressly rejected by the Supreme Court in I.R. Coelho (2007).
- (c) Incorrect. Statement 2 overstates immunity - post-1973 Ninth-Schedule laws are subject to basic-structure review.
- (d) Incorrect. Statement 1 is unambiguously correct.
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
- Assuming Article 31B gives absolute immunity - the immunity is only from Part III challenge, not from basic-structure review.
- Missing the 1973 cutoff - laws inserted BEFORE 24 April 1973 remain protected; those inserted AFTER are open to judicial scrutiny.
- Confusing Ninth Schedule (Article 31B protected laws) with Tenth Schedule (anti-defection).
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
- Constitution of India - Article 31B and Ninth Schedule (added by 1st Amendment Act, 1951)
- I.R. Coelho v. State of Tamil Nadu (2007) 2 SCC 1 - Supreme Court judgment