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Q114 (CDS-II/2016) Polity & Governance › Constitutional Basics & Evolution › Ninth Schedule Answer Verified

Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct?

Result
Your answer: —  Â·  Correct: B
Explanation

Statement 2 is incorrect because the Ninth Schedule was specifically designed to protect laws from being declared void on the grounds of violating fundamental rights [2]. Article 31B, inserted by the First Amendment Act of 1951, provides that acts included in the Ninth Schedule shall not be deemed void for contravening any fundamental rights in Part III [5]. While the Supreme Court in the I.R. Coelho case (2007) ruled that laws added after April 24, 1973, are subject to judicial review based on the 'basic structure' doctrine, they do not automatically become void simply for violating a fundamental right unless that violation also damages the basic structure [3]. Statement 1 is correct as the schedule was added in 1951 [5]. Statement 3 is correct following the I.R. Coelho judgment [3]. Statement 4 is correct as legislatures retain the power to amend or repeal their own acts even if included in the schedule.

Sources

  1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 27: Judicial Review > JUDICIAL REVIEW OF THE NINTH SCHEDULE > p. 299
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > JUDICIAL REVIEW OF THE NINTH SCHEDULE > p. 299
  3. [5] https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1134&context=nlsir
  4. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > F Validation of Certain Acts and Regulations > p. 103
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SIMILAR QUESTIONS

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