Polity & Governance2018
Consider the following statements:
- The Parliament of India can place a particular law in
- 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?
Explanation
The correct option is "1 only" because while the Parliament of India can indeed place laws in the Ninth Schedule of the Constitution to protect them from judicial review, this does not mean that the validity of such laws is completely immune to examination. The Supreme Court, through various rulings, has clarified that laws in the Ninth Schedule are still subject to the basic structure doctrine, meaning that if a law infringes upon fundamental rights or the basic structure of the Constitution, it can be challenged in court. Hence, statement 2 is incorrect.
