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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 passed 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
Article 31-B provide ‘protective umbrella’ to the Ninth Schedule with regard to validation of certain Acts and Regulations passed by parliament. It was inserted by the first amendment in 1951.
The Supreme Court judgment lay 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. Therefore statement 2 is incorrect.
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