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?
Contents17
- A1 only
- B2 only
- CBoth 1 and 2
- DNeither 1 nor 2
Show answer
Answer: (A) 1 only
Correct Answer: (a) 1 only
Statement 1 is CORRECT: Yes, Parliament can place a law in the Ninth Schedule through a Constitutional Amendment. The Ninth Schedule was added by the 1st Constitutional Amendment in 1951, along with Article 31-B. Its original purpose was to protect land reform laws from being struck down by courts for violating fundamental rights.
Statement 2 is WRONG: This was true earlier, but not anymore. After the landmark I.R. Coelho case (2007), the Supreme Court ruled that laws placed in the Ninth Schedule AFTER April 24, 1973 (the date of the Kesavananda Bharati judgment) CAN be examined by courts. If such a law violates the 'basic structure' of the Constitution, courts can strike it down. So the Ninth Schedule no longer gives blanket (total) protection.
REMEMBER:
Ninth Schedule = originally a 'protective shield' for laws.
But after Kesavananda Bharati (1973), laws added to it can still be challenged if they violate the basic structure doctrine.
Think of it as: the shield now has holes.
The Ninth Schedule was created in 1951 to protect land reform laws from judicial review, but the I.R. Coelho case in 2007 changed this protection significantly.
After the Kesavananda Bharati judgment in 1973, any law added to the Ninth Schedule can be challenged in court if it violates the basic structure of the Constitution.
UPSC is testing whether students understand that constitutional protections can evolve through judicial interpretation, not just parliamentary amendments.
Ninth Schedule of Constitution
Indian Polity Ninth Schedule constitutional amendment Parliament
Ninth Schedule: Evolution from Absolute Protection to Limited Immunity
Parliament can add laws to Ninth Schedule through constitutional amendment
Laws added after April 24, 1973 can be reviewed by courts if they violate basic structure
Added by 1st Constitutional Amendment (1951) along with Article 31-B
Originally designed to protect land reform laws from judicial review
What is Ninth Schedule
The Ninth Schedule is a constitutional mechanism that provides immunity from judicial review to laws listed in it. Parliament can add any law to this schedule through constitutional amendment under Article 368.
Evolution of Ninth Schedule Protection
Period | Level of Protection | Court Decision | Key Principle |
|---|---|---|---|
1951-1973 | Complete immunity | Laws cannot be challenged at all | Absolute protection from fundamental rights violation |
1973 onwards | Limited immunity | I.R. Coelho (2007) clarified Kesavananda Bharati (1973) | Laws can be struck down if they violate basic structure |
Process of Adding Laws to Ninth Schedule
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Constitutional Amendment**
Parliament passes amendment under **Article 368** to add specific law`"]
s2["`**Addition to Schedule**
Law gets listed in Ninth Schedule with **Article 31-B** protection`"]
s3["`**Judicial Review Test**
If added **after 1973**: Courts can examine for **basic structure** violation`"]
s4["`**Final Status**
If violates basic structure → **struck down**; Otherwise → **protected**`"]
s1 --> s2
s2 --> s3
s3 --> s4Question Anchoring
Statement 1 correctly identifies Parliament's power to add laws via constitutional amendment. Statement 2 was the trap — it assumes total immunity still exists, ignoring the I.R. Coelho judgment that changed this post-1973.
Trap: Assuming Ninth Schedule gives complete immunity — this ended in 1973 for new additions
Confusion: Article 31-B vs Article 368 — former gives immunity, latter enables amendment process
Date Error: Kesavananda Bharati (1973) is the cutoff, not I.R. Coelho (2007) which only clarified it
Scope Mistake: Only basic structure violations can be challenged, not all constitutional violations
Basic Structure Doctrine
Indian Polity basic structure Kesavananda Bharati April 24, 1973
Basic Structure Doctrine: Constitutional Amendment Limits Since 1973
Kesavananda Bharati (1973) established that certain constitutional features cannot be amended
April 24, 1973 is the cutoff date for Ninth Schedule immunity and basic structure application
I.R. Coelho (2007) applied basic structure test to post-1973 Ninth Schedule laws
Genesis and Impact
The Basic Structure Doctrine emerged from Kesavananda Bharati v. State of Kerala (1973) to prevent Parliament from destroying the Constitution's essential identity through amendments. This 13-judge bench decision fundamentally changed constitutional law.
Elements of Basic Structure
# Basic Structure Elements
## Core Principles
- Supremacy of Constitution
- Rule of Law
- Independence of Judiciary
- Doctrine of Separation of Powers
## Democratic Framework
- Republican and Democratic Form
- Secular Character
- Federal Character
- Parliamentary System
## Rights & Liberties
- Individual Freedom
- Dignity of Individual
- Unity and Integrity of Nation
- Welfare StateKey Judgments on Basic Structure
Case | Year | Key Ruling | Impact on Ninth Schedule |
|---|---|---|---|
Kesavananda Bharati | 1973 | Basic structure cannot be amended | Set April 24, 1973 as cutoff date |
Minerva Mills | 1980 | Confirmed basic structure doctrine | Reinforced limited amendment power |
I.R. Coelho | 2007 | Applied basic structure to post-1973 Ninth Schedule laws | 9-judge bench clarified Ninth Schedule limits |
Date Confusion: Kesavananda Bharati established the doctrine, I.R. Coelho only applied it to Ninth Schedule
Scope Error: Basic structure limits Parliament's amendment power, not ordinary legislative power
Complete List Trap: No exhaustive list of basic structure elements exists — courts decide case by case
Constitutional Amendment Process
Indian Polity constitutional amendment Article 368
Constitutional Amendment: Types, Procedures & Parliament's Role
Article 368 governs constitutional amendment procedure with special majority requirement
Three types: Simple majority, Special majority, and Special majority + State ratification
Parliament's constituent power is subject to basic structure limitations since 1973
Amendment Authority
Parliament exercises constituent power under Article 368 to amend the Constitution. This includes adding laws to Ninth Schedule, but amendments cannot violate the basic structure since 1973.
Types of Constitutional Amendments
Type | Procedure | Majority Required | Examples |
|---|---|---|---|
Simple Majority | Ordinary legislative process | 50% + 1 of members present | Creation of new states, citizenship provisions |
Special Majority | Article 368 procedure | 2/3rd present + voting AND 50% total strength | Fundamental rights, DPSP, Ninth Schedule additions |
Special + Ratification | Special majority + 50% state approval | Same as above + state legislatures | Federal structure, Supreme Court/High Court powers |
Amendment Process for Ninth Schedule
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Bill Introduction**
Amendment bill introduced in either House of Parliament`"]
s2["`**Special Majority Passage**
**2/3rd of members present** AND **50% of total strength** in both Houses`"]
s3["`**Presidential Assent**
President **must give assent** — cannot return amendment bills`"]
s4["`**Constitutional Effect**
Law added to **Ninth Schedule** with **Article 31-B** protection`"]
s1 --> s2
s2 --> s3
s3 --> s4Majority Confusion: Special majority needs both conditions — 2/3rd present AND 50% total strength
Presidential Power: President cannot refuse assent to constitutional amendments unlike ordinary bills
State Ratification: NOT required for Ninth Schedule additions — only for federal structure changes
Judicial Review in India
Indian Polity judicial review validity of law court examination
Judicial Review: From Absolute Power to Constitutional Limits
Judicial review allows courts to examine validity of laws against constitutional provisions
Supreme Court and High Courts can strike down laws violating Constitution
Ninth Schedule created exception to judicial review, later limited by basic structure
Constitutional Foundation
Judicial review is the power of courts to examine whether laws passed by Parliament or state legislatures violate the Constitution. Though not explicitly mentioned, it's derived from constitutional supremacy under Articles 13, 32, 226.
Sources of Judicial Review Power
# Judicial Review Powers
## Constitutional Articles
- **Article 13** - Laws inconsistent with FR void
- **Article 32** - Right to Constitutional Remedies
- **Article 226** - High Court writ power
## Court Hierarchy
- **Supreme Court** - Final interpreter
- **High Courts** - State level review
- **Subordinate Courts** - Limited review power
## Scope & Limits
- **Legislative acts** reviewable
- **Executive actions** reviewable
- **Ninth Schedule** partially exempt
- **Basic structure** non-reviewableEvolution of Judicial Review Limits
Period | Judicial Review Scope | Major Limitation | Key Development |
|---|---|---|---|
1950-1951 | Complete review of all laws | None | Original constitutional position |
1951-1973 | Ninth Schedule laws exempt from review | Article 31-B immunity | 1st Amendment created Ninth Schedule |
1973 onwards | Post-1973 Ninth Schedule laws reviewable | Basic structure cannot be reviewed | Kesavananda Bharati doctrine |
Total Immunity Myth: No law has complete immunity from judicial review after 1973
Article Confusion: Article 32 gives remedy power, Article 13 gives review power — different functions
Court Limitation: Courts cannot review constituent assembly debates or basic structure itself