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Question

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?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer:

A

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Explanation:

Statement 1 is correct. The Parliament of India has the power to place a particular law in the Ninth Schedule of the Constitution of India. The Ninth Schedule was added to the Constitution to provide protection to laws placed in it from judicial scrutiny and challenge.

Statement 2 is incorrect. While it was historically believed that laws placed in the Ninth Schedule were immune from judicial review, the Supreme Court of India, in its various judgments, has held that laws placed in the Ninth Schedule can be subject to judicial review if they violate the basic structure of the Constitution.

1

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