Question map
Which of the following statement(s) is/are not correct for the Ninth Schedule of the Constitution of India ? 1. It was inserted by the first amendment in 195 1. 2. It includes those laws which are beyond the purview of judicial review. 3. It was inserted by the 42nd Amendment. 4. The laws in the Ninth Schedule are primarily those which pertain to the matters of national security. Select the correct answer using the code given below :
Explanation
The Ninth Schedule was inserted by the First Constitutional Amendment Act of 1951, not the 42nd Amendment [4]. Its primary objective was to protect land reform laws and the abolition of the zamindari system from judicial challenge, particularly regarding the right to property [3]. While Article 31B originally aimed to place these laws beyond judicial review, the Supreme Court in the Kesavananda Bharati (1973) and I.R. Coelho (2007) cases ruled that laws added after April 24, 1973, are open to challenge if they violate the 'basic structure' of the Constitution [5]. Statement 2 is technically incorrect in the post-2007 legal landscape as blanket immunity no longer exists [3]. However, statements 3 and 4 are factually false: the schedule was not created by the 42nd Amendment, and its primary focus was land reforms and socio-economic justice rather than national security [3].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > JUDICIAL REVIEW OF THE NINTH SCHEDULE > p. 299
- [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > I.R. COELHO CASE (2007) > p. 637
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > APPENDIX IV Constitutional Amendments at a Glance > p. 716
- [5] https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1134&context=nlsir
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > F Validation of Certain Acts and Regulations > p. 103