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Consider the following statements with respect to the Ninth Schedule of the Constitution
Select the correct statement.
1&2 only
2 only
1&3 only
3 only
Only statements 1&3 are correct. Ninth Schedule of the Constitution
It contains a list of central and state laws which cannot be challenged in courts.
Currently, 284 such laws are shielded from judicial review.
Most of the laws protected under the Schedule concern agriculture/land issues.
The Schedule became a part of the Constitution in 1951, when the document was amended for the first time.
It was created by the new Article 31B, which along with 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.
The First Amendment added 13 laws to the Schedule. Subsequent amendments in 1955, 1964, 1971, 1974, 1975, 1976, 1984, 1990, 1994, and 1999 have taken the number of protected laws to 284.
While the Ninth Schedule provides the law with a safe harbour from judicial review, the protection is not blanket.
When the Tamil Nadu law was challenged in 2007 (I R Coelho v State of Tamil Nadu), the Supreme Court ruled in a unanimous nine-judge verdict that while laws placed under Ninth Schedule.
It stated that laws cannot be challenged on the grounds of violation of fundamental rights, but they can be challenged on the ground of violating the basic structure of the Constitution.
The court clarified that the laws cannot escape the basic structure test if inserted into the Ninth Schedule after 1973.
It was in 1973 that the basic structure test evolved in the Kesavananda Bharati case as the ultimate test to examine the constitutional validity of laws.
Hence option 3rd is correct.
By: Shubham Tiwari ProfileResourcesReport error
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