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Consider the following statements regarding 9th schedule of the Indian constitution:
1. It was added by the fi rst amendment to the Indian Constitution.
2. The laws under 9th schedule do not come under judicial review of Supreme Court.
Which of the following statement is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Statement 2 is incorrect: The laws under 9th schedule come under judicial review of Supreme Court. Supplementary notes: Ninth Schedule
The Ninth Schedule to the Indian Constitution was introduced through Article 31-B by the First Constitution (Amendment) Act 1951.
The object of the Ninth Schedule was to save land reforms laws enacted by various States from being challenged in the Courts to facilitate agrarian reforms of the government of India.
In I.R Coelho and State of Tamil Nadu 2007 case the Supreme Court of India ruled that all laws (including those in the Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the constitution.
Chief Justice of India, Yogesh Kumar Sabharwal noted, “If laws put in the Ninth Schedule abridge or abrogate fundamental rights resulting in violation of the basic structure of the constitution, such laws need to be invalidated.”
The Supreme Court judgment laid that the laws placed under Ninth Schedule after April 24, 1973 shall be open to challenge in court if they violated fundamental rights guaranteed under Article 14, 19, 20 and 21 of the Constitution.
By: Parvesh Mehta ProfileResourcesReport error
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