Correct answer: (a) 1 only
Explanation
- A
1 only
(a) 1 only. (a) Official key: Parliament may, by a later amending Act, place a specified law in the Ninth Schedule. Statement 2 is obsolete after I.R. Coelho (2007): Ninth Schedule laws can still be tested if they damage the basic structure, especially after 24 April 1973. Only statement 1 stands.
- B
2 only
(b) 2 only. Total judicial immunity for Ninth Schedule laws is not the law after Coelho. A false second statement cannot be the key.
- C
Both 1 and 2
(c) Both 1 and 2. The first is true, the second is not, so both-correct is not the key.
- D
Neither 1 nor 2
(d) Neither 1 nor 2. Parliament can and does insert statutes into the Ninth Schedule, so ‘neither’ is not the key.
Summary. Official key is (a) 1 only. Article 31B and the Ninth Schedule let Parliament shield listed laws from some Article 13 challenges, but the Supreme Court may still strike them if they violate the basic structure. Statement 2’s claim of total non-justiciability is therefore wrong. Honour the stored letter (a).
PYQ trend
When UPSC asked this
Related PYQs from other years, newest first. Open a question to read it.
-
2022 · Q11 · General Studies · 2 marks
Consider the following statements: 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves. 3. The Constitution of India defines Civil Contempt and Criminal Contempt. 4. In India, the Parliament is vested with the powers to make laws on Contempt of Court. Which of the statements given above is/are correct? -
2022 · Q73 · General Studies · 2 marks
If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? -
2020 · Q20 · General Studies · 2 marks
Consider the following statements: 1. The President of India can summon a session of the Parliament at such place as he/she thinks fit. 2. The Constitution of India provides for three sessions of the Parliament in a year, but it is not mandatory to conduct all three sessions. 3. There is no minimum number of days that the Parliament is required to meet in a year. Which of the statements given above is/are correct? -
2019 · Q46 · General Studies · 2 marks
Consider the following statements: 1. The motion to impeach a Judge of the Supreme Court of Indian cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968. 2. The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India. 3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968. 4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two- thirds of total members of that House present and voting Which of the statements given above is/are correct? -
2019 · Q47 · General Studies · 2 marks
The Ninth Schedule was introduced in the Constitution of India during the prime ministership of -
2019 · Q81 · General Studies · 2 marks
With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct? -
2018 · Q20 · General Studies · 2 marks
With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, etc. conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation? -
2015 · Q59 · General Studies · 2 marks
The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to