📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!
  • google app store apple app store
    • ✖

      Question

      Statement-based: Consider these statements about the

      Ninth Schedule of the Constitution and pick the correct option. S1. The Ninth Schedule’s protection is absolute for any law once included irrespective of content. S2. I.R. Coelho held that Ninth Schedule laws are open to challenge if they violate fundamental features of basic structure.
      A Only S1 is correct. Correct Answer Incorrect Answer
      B Only S2 is correct. Correct Answer Incorrect Answer
      C Both S1 and S2 are correct. Correct Answer Incorrect Answer
      D Neither S1 nor S2 is correct. Correct Answer Incorrect Answer
      E Both correct but S2 needs further timing context. Correct Answer Incorrect Answer

      Solution

      Statement 2 alone is correct. The Supreme Court in I.R. Coelho v. State of Tamil Nadu (2007) authoritatively held that laws placed in the Ninth Schedule are not immune from judicial review if they violate the basic structure of the Constitution. While the Ninth Schedule was introduced to protect certain laws from Part III challenges, the Court clarified that judicial review itself is a basic feature flowing from Kesavananda Bharati. Therefore, any Ninth Schedule law that damages core principles such as equality (Article 14), rule of law, or separation of powers can be invalidated. Statement 1, which assumes absolute immunity, is incorrect in light of this settled constitutional position.

      Practice Next
      More Other Laws and Acts Questions

      Relevant for Exams:

      ask-question