Which one of the following statements with regard to the Ninth Schedule of the Constitution of India is not correct?
(a) It was inserted by the Constitution (First Amendment) Act, 1951.
(b) The Acts and Regulations specified in the Ninth Schedule shall become void on the ground that it violates a fundamental right in Part III of the Constitution.
(c) The Supreme Court has the power of judicial review of an Act included in the Ninth Schedule doctrine of basic structure.
(d) The appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule.
[CDS II 2016]
Not correct
1) A
2) B
3) C
4) D
2) B
What is 9th Schedule ?
The Ninth Schedule contains a list of central and state laws which cannot be challenged in courts.
Currently, 284 such laws are shielded from judicial review.
The Schedule became a part of the Constitution in 1951, when the document was amended for the first time.
It was created by the new Article 31B, which along with 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.
While A. 31A extends protection to ‘classes’ of laws, A. 31B shields specific laws or enactments.
During a speech in Parliament, Jawaharlal Nehru had said, “If there is agrarian trouble and insecurity of land tenure nobody knows what is to happen. Therefore, these long arguments and these repeated appeals in courts are dangerous to the State, from the security point of view, from the food production point of view, and from the individual point of view, whether it is that of the zamindar or the tenant or any intermediary.”
Article 31B reads: “Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or Tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.”
[Kihoto Holhan Case- asked in CSE Mains]