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

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Q: 20 (IAS/2018)
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?

question_subject: 

Polity

question_exam: 

IAS

stats: 

0,167,41,167,3,28,10

keywords: 

{'validity': [0, 0, 0, 1], 'constitution': [39, 3, 11, 39], 'particular law': [0, 0, 0, 1], 'ninth schedule': [0, 0, 0, 1], 'parliament': [15, 1, 3, 8], 'court': [11, 1, 18, 32], 'law': [0, 0, 0, 1], 'judgment': [0, 0, 1, 7]}

The first statement is correct. The Parliament of India indeed has the power to place a particular law in the Ninth Schedule of the Constitution of India. The Ninth Schedule was introduced in the Constitution to protect the laws included in this schedule from judicial scrutiny.

The second statement, however, is incorrect. Following the judgement of the Supreme Court in the case of I.R. Coelho vs. State of Tamil Nadu, the laws placed in the Ninth Schedule can undergo judicial review if they violate the basic structure of the constitution. This means that courts do have the authority to examine the validity of a law included in the Ninth Schedule and pass judgement on it.

Options 2, 3, and 4 are incorrect as they either claim the second statement is correct or both are incorrect. Only option 1 is correct as it agrees with the first statement only.

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