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 ✓ UPSC's answer
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Why the answer is (a)
• Statement 1 is correct: Parliament, by constitutional amendment under Article 368, can add laws to the Ninth Schedule so that Article 31B protects them from challenge on fundamental-rights grounds.
• Statement 2 is wrong: in I.R. Coelho v. State of Tamil Nadu (2007) a nine-judge bench held that laws placed in the Ninth Schedule after 24 April 1973 (Kesavananda) are open to judicial review if they violate the basic structure, including Articles 14, 19 and 21.
• Hence 1 only, option (a).
Why the other options are wrong
- (b) 2 only
- Statement 2 is wrong: Ninth Schedule laws are reviewable post-1973.
- (c) Both 1 and 2
- Statement 2 is wrong.
- (d) Neither 1 nor 2
- Statement 1 is correct: Parliament can add laws to the Schedule.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2018, held on 3 June 2018. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.