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Q5 (IAS/2018) Polity & Governance › Constitutional Basics & Evolution › Ninth Schedule Official Key

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 ?

Result
Your answer: —  ·  Correct: A
Explanation

The correct answer is option A (Statement 1 only).

**Statement 1 is correct:** Article 31B along with the Ninth Schedule was added by the 1st Constitutional Amendment Act of 1951.[1] The Parliament has the constitutional power to add laws to the Ninth Schedule through constitutional amendments, as evidenced by the fact that originally (in 1951), the Ninth Schedule contained only 13 acts and regulations but at present their number is 282.[1]

**Statement 2 is incorrect:** While the Ninth Schedule was designed to protect laws from judicial review, this protection is not absolute. In the Kesavananda Bharati case (1973), the Supreme Court ruled that the acts and regulations that are included in the Ninth Schedule are open to challenge on the grounds of being violative of the basic structure of the constitution.[1] This position was reaffirmed when the court ruled that there could not be any blanket immunity from judicial review of the laws included in the Ninth Schedule. It held that judicial review is a 'basic feature' of the constitution and it could not be taken away by putting a law under the Ninth Schedule.[2]

Therefore, only Statement 1 is correct.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > JUDICIAL REVIEW OF THE NINTH SCHEDULE > p. 299
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > F Validation of Certain Acts and Regulations > p. 103
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Consider the following statements : 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of In…
At a glance
Origin: Books + Current Affairs Fairness: Moderate fairness Books / CA: 5/10 · 5/10
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This is a classic 'Static Polity' question derived directly from the evolution of the Basic Structure doctrine. It tests the I.R. Coelho (2007) judgment, which is a staple in standard texts like Laxmikanth. If you understand that Judicial Review is part of the Basic Structure, Statement 2 becomes obviously false.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Can the Parliament of India place a particular law in the Ninth Schedule of the Constitution of India?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 27: Judicial Review > JUDICIAL REVIEW OF THE NINTH SCHEDULE > p. 299
Presence: 5/5
“Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the Fundamental Rights. Article 31B along with the Ninth Schedule was added by the 1st Constitutional Amendment Act of 1951. Originally (in 1951), the Ninth Schedule contained only 13 acts and regulations but at present their number is 282.‎ Of these, the acts and regulations of the state legislature deal with land reforms and abolition of the zamindari system and that of the Parliament deal with other matters. However, in the Kesavananda Bharati case<sup>12</sup> (1973), the Supreme Court rules that the acts and regulations that are included In the Ninth Schedule are open to challenge on the grounds of being violative of the basic structure of the constitution.”
Why this source?
  • Explicitly states Article 31B saves acts/regulations included in the Ninth Schedule from challenge.
  • Notes that acts/regulations of Parliament are among those included in the Ninth Schedule (i.e., Parliamental enactments have been placed there).
  • Identifies Ninth Schedule as a mechanism created by constitutional amendment (1st Amendment) to shelter specified laws.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 12: Basic Structure of the Constitution > EMERGENCE OF THE BASIC STRUCTURE > p. 127
Presence: 5/5
“But in the Golak Nath case (1967), the Supreme Court reversed its earlier stand. In this case, the constitutional validity of the Seventeenth Amendment Act (1964), which inserted certain state acts in the Ninth Schedule, was challenged. A 'transcendental and immutable' position, and hence the Parliament cannot abridge or take away any of these rights. A constitutional amendment act is also a law within the meaning of Article 13 and hence would be void for violating any of the Fundamental Rights. The Parliament reacted to the Supreme Court's judgement in the Golak Nath case (1967) by enacting the 24th Amendment Act (1971).”
Why this source?
  • Describes the Seventeenth Amendment (1964) as having inserted certain state acts in the Ninth Schedule — showing constitutional amendments were used to place laws into the Schedule.
  • Explains Parliament's legislative response (24th Amendment) to court rulings, indicating Parliament exercises amendment power affecting Ninth Schedule entries.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > F Validation of Certain Acts and Regulations > p. 103
Presence: 5/5
“Again, in the I.R. Coelho case (2007), the Supreme Court reaffirmed the above view. In this case, the court ruled that there could not be any blanket immunity from judicial review of the laws included in the Ninth Schedule. It held that judicial review is a 'basic feature' of the constitution and it could not be taken away by putting a law under the Ninth Schedule. Originally (in 1951), the Ninth Schedule contained only 13 acts and regulations but at present, their number is 282. 20 Of these, the acts and regulations of the state legislature deal with land reforms and abolition of the zamindari system and that of the Parliament deal with other matters.”
Why this source?
  • I.R. Coelho (2007) holding: there is no blanket immunity for Ninth Schedule laws — courts retain judicial review.
  • Clarifies that while laws are placed in the Ninth Schedule, their protection is subject to the 'basic feature' doctrine (i.e., placement is not absolute).
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