GS PrelimsPolityParliament2018 Consider the following statements :
1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Which of the statements given above is/are correct?
Correct Answer: Option A
Explanation
1. Statement 1 is correct. Laws are placed in the Ninth Schedule of the Constitution of India through Constitutional Amendment Acts, which are passed by the Parliament of India. Therefore, Parliament has the power to place a particular law in the Ninth Schedule.
2. Statement 2 is incorrect. The Supreme Court, in the landmark I.R. Coelho case (2007), ruled that laws placed in the Ninth Schedule after April 24, 1973, are subject to judicial review. Their validity can be examined by the courts if they are found to violate the fundamental rights that form part of the basic structure of the Constitution. Thus, the assertion that such laws cannot be examined by any court and no judgement can be made on them is false.
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