Indian Polity : Amendment Of The Constitution

Q 7 / 21

UPSC CSE Prelims 2018

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 ?

EXPLANATION

Correct Option

Statement 1 is correct. The Parliament of India possesses the constitutional power to amend the Constitution, which includes the authority to add specific laws to the Ninth Schedule. This schedule was introduced by the First Amendment Act, 1951, along with Articles 31A and 31B, primarily to protect land reform laws and certain other enactments from judicial scrutiny based on their alleged violation of Fundamental Rights. Over time, various other laws have also been placed in this schedule by parliamentary action.

Incorrect Options

Statement 2 is incorrect. Initially, laws placed in the Ninth Schedule were largely immune from judicial review. However, this position was altered by the Supreme Court's landmark judgment in I.R. Coelho v. State of Tamil Nadu (2007). The Court ruled that any law placed in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) is open to judicial review if it violates the Basic Structure of the Constitution. Consequently, the validity of such laws can be examined by the courts, and judgments can be made on them, particularly concerning their adherence to fundamental constitutional principles.

Option (b) is incorrect because Statement 2 is factually inaccurate following the I.R. Coelho judgment.

Option (c) is incorrect as only Statement 1 is correct.

Option (d) is incorrect because Parliament does possess the power to add laws to the Ninth Schedule, making Statement 1 correct.

SOURCEIndian Polity by M. Laxmikanth, Chapter 11: Amendment of the Constitution, Chapter 12: Basic Structure of the Constitution