Civil Services Prep

Prelims 2018 · Polity and Constitution · Question 5

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. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer

1 only

Statement 1: Correct. A law is placed in the Ninth Schedule through a constitutional amendment passed by Parliament under Article 368.

Statement 2: Incorrect. After the I.R. Coelho (2007) judgment, laws placed in the Ninth Schedule are not fully immune; they can be judicially reviewed if they violate the basic structure of the Constitution.

Answer: Only statement 1 is correct.

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