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