📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!

    Question

    The Ninth Schedule of the Constitution initially

    shielded laws from Article 14/19/31 challenges. In I.R. Coelho (2007), the Supreme Court held:
    A All Ninth Schedule laws are completely immune from judicial review forever. Correct Answer Incorrect Answer
    B Laws placed in Ninth Schedule after 24 April 1973 are immune from any challenge whatsoever. Correct Answer Incorrect Answer
    C Laws placed in Ninth Schedule are subject to judicial review if they violate basic structure, irrespective of placement date after Kesavananda’s cutoff. Correct Answer Incorrect Answer
    D Ninth Schedule protection applies only to Central Acts, not State Acts. Correct Answer Incorrect Answer
    E Ninth Schedule applies to ordinances only. Correct Answer Incorrect Answer

    Solution

    In I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court conclusively settled the controversy surrounding the Ninth Schedule. The Court held that all laws placed in the Ninth Schedule, irrespective of their date of insertion, are subject to basic structure review. The cut-off date of 24 April 1973 (the date of Kesavananda Bharati) determines the intensity of scrutiny, not immunity. The judgment emphasized that judicial review, equality, and rule of law are basic features of the Constitution. Parliament cannot use the Ninth Schedule as a device to validate laws that would otherwise violate these core principles. This decision reaffirmed constitutional supremacy over parliamentary majorities.

    Practice Next
    More Other Laws and Acts Questions

    Relevant for Exams:

    ask-question