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?
Correct Answer :
1 only
Solution :
Correct Option: 1 only
Detailed Explanation:
Let us analyze each statement individually to determine its correctness:
Statement 1: "The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India."
This statement is correct. The Ninth Schedule was inserted into the Indian Constitution by the First Constitutional Amendment Act, 1951, along with Article 31B. It was introduced to protect land reform laws and other legislation from legal challenges on the grounds of violating fundamental rights. The Parliament has the constitutional power to add laws to the Ninth Schedule by enacting constitutional amendments.
Statement 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."
This statement is incorrect. In the landmark judgment of I.R. Coelho v. State of Tamil Nadu (2007), a nine-judge Constitution Bench of the Supreme Court of India unanimously ruled that laws included in the Ninth Schedule after April 24, 1973 (the date of the historical Kesavananda Bharati judgment) are open to judicial review. The court held that if any law placed under the Ninth Schedule violates the "basic structure" of the Constitution or destroys basic human rights as guaranteed by Fundamental Rights, it can be invalidated by the judiciary. Thus, laws in the Ninth Schedule do not enjoy blanket immunity from judicial scrutiny.
Conclusion:
Since Statement 1 is correct and Statement 2 is incorrect, the correct option is 1 only.
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