PYQ Question

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 validit

August 6, 2026 en

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 and 2
D. Neither 1 nor 2

Answer: A

Explanation

The Ninth Schedule was added to the Constitution by the first amendment in 1951 along with Article 31-B with a view to provide a “protective umbrella” to land reforms laws to save them from being challenged in courts on the ground of violation of fundamental rights. The SC upheld the validity of Article 31-B and Parliament’s power to place a particular law in the Ninth Schedule. Hence, statement 1 is correct. The Supreme Court has said that laws placed in the Ninth Schedule are open to judicial scrutiny and that such laws do not enjoy a blanket protection. Laws placed in the Ninth Schedule after the Keshwanand Bharti Judgment on April 24, 1973, when it propounded the “basic structure” doctrine, were open to challenge. Hence, statement 2 is not correct.