Q5.
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?
Answer
A
Explanation
The Ninth Schedule was added to the Constitution by the first amendment in 1951. The SC upheld Parliament's power to place a particular law in the Ninth Schedule. Hence, statement 1 is correct. The Supreme Court has said that laws placed in the Ninth Schedule are open to judicial scrutiny and do not enjoy a blanket protection. Laws placed after the Keshwanand Bharti Judgment on April 24, 1973 were open to challenge. Hence, statement 2 is not correct.