Question

Which of the following is a correct implication of the Kesavananda Bharati judgment for Ninth Schedule placements?

Q: Answer-Which of the following is a correct implication of the Kesavananda Bharati judgment for Ninth Schedu...

The judgment in Kesavananda Bharati v. State of Kerala 1973 did not directly decide the validity of all Ninth Schedule laws but laid down the basic structure doctrine, which later became decisive for Ninth Schedule scrutiny. Prior to Kesavananda, Parliament assumed that constitutional amendments were immune from judicial review. Kesavananda rejected this view and held that judicial review itself is part of the basic structure. This doctrinal shift enabled the Supreme Court in I.R. Coelho v. State of Tamil Nadu 2007 to hold that Ninth Schedule laws placed after 24 April 1973 could be examined for violations of basic structure. Thus, Kesavananda provided the constitutional foundation for limiting Ninth Schedule immunity.

A Kesavananda held Ninth Schedule placements cannot be subject to judicial review.

B Kesavananda laid the groundwork for the basic structure doctrine which later led to scrutiny of Ninth Schedule laws (i.e., Ninth Schedule cannot violate basic structure).

C Kesavananda abolished Article 368.

D Kesavananda dealt only with municipal matters.

E Kesavananda held Parliament cannot amend the Constitution at all.

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