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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

CDS-II · 2016 · Q114 Relevance score: -0.83

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

CDS-I · 2015 · Q54 Relevance score: -0.99

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 1951.
  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:

IAS · 2018 · Q5 Relevance score: -1.19

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 placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it. Which of the statements given above is/are correct ?

CDS-II · 2021 · Q75 Relevance score: -2.66

The Constitution of India guarantees freedom of speech and expression. But the freedom is subject to certain reasonable restrictions imposed by the State. These restrictions may relate to which of the following ? 1. Defamation 2. Decency or morality 3. Incitement to an offence Select the correct answer using the code given below :

CAPF · 2020 · Q82 Relevance score: -2.87

Which of the following statements) regarding passing a law under the State List is/are correct ? 1. Even in the sphere (State List) exclusively reserved for the States, Parliament can legislate under certain circumstances 2. Parliament cannot legislate a subject under the State List under any circumstances 3. A resolution supported by two-, thirds of the members present and voting is required to be passed by Rajya Sabha to pass a law under the State List Select the correct answer using the code given below: