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    Question

    Which of the following is a correct implication of the

    Kesavananda Bharati judgment for Ninth Schedule placements?
    A Kesavananda held Ninth Schedule placements cannot be subject to judicial review. Correct Answer Incorrect Answer
    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). Correct Answer Incorrect Answer
    C Kesavananda abolished Article 368. Correct Answer Incorrect Answer
    D Kesavananda dealt only with municipal matters. Correct Answer Incorrect Answer
    E Kesavananda held Parliament cannot amend the Constitution at all. Correct Answer Incorrect Answer

    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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