Consider the following statements 1 The Parliament of India can place a particular law in the Ninth ...........

Indian Polity Articles and Schedules

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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 judgment can be made on it.

Which of the statements given above is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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Explanation:

1 only

The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India: This statement is correct. The Ninth Schedule was created to protect certain laws from judicial review. Laws placed in the Ninth Schedule are immune from judicial scrutiny regarding their constitutional validity.

The validity of a law placed in the Ninth Schedule cannot be examined by any court, and no judgment can be made on it: This statement is incorrect. The validity of laws placed in the Ninth Schedule was initially considered beyond judicial review. However, this changed with various Supreme Court judgments, including the landmark Kesavananda Bharati case. The Supreme Court clarified that while Parliament has the power to place laws in the Ninth Schedule, the validity of such laws can be examined by the courts, especially if they violate the basic structure of the Constitution.

Therefore, the correct answer is "1 only."

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