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Q62 (CDS-I/2012) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Freedom Answer Verified

Suppose a legislation was passed by the Parliament imposing certain restrictions on news- papers. These included page ceiling, price and advertisements. The legislation is included in the Ninth Schedule to the Consti- tution of India. In this context, which one among the following statements is correct ?

Result
Your answer: —  Â·  Correct: B
Explanation

The correct answer is Option 2.

The legislation is valid primarily due to the protection granted by Article 31B of the Constitution. Article 31B was introduced by the 1st Amendment (1951) specifically to shield laws included in the Ninth Schedule from judicial review on the grounds of violating Fundamental Rights. Even if a law restricting newspapers (page ceiling or price) appears to infringe upon the Freedom of Speech and Expression under Article 19(1)(a), its inclusion in the Ninth Schedule provides it a constitutional immunity bath.

  • Option 1 and 3 are incorrect because the Ninth Schedule protection overrides the initial invalidity that would otherwise arise from violating Fundamental Rights.
  • Option 4 is incorrect because the Supreme Court has consistently held (e.g., in Bennett Coleman case) that while a company is not a citizen, the rights of shareholders and editors are protected under Article 19.

Therefore, by virtue of Article 31B, the legislation remains valid despite its restrictive nature.

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SIMILAR QUESTIONS

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