Q5 · UPSC Prelims 2018 · Set A · Polity and Governance

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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

Correct answer: (a) 1 only

Explanation

  1. 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 Statement 2 is obsolete after I.R. Coelho (2007): Ninth Schedule laws can still be tested if they damage the basic structure, especially after 24 April 1973.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.

  2. 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.

  3. 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.

  4. 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).

Same topic · past papers

UPSC has asked this before

These previous-year questions sit on the same topic. Open one to practise the earlier ask.

  1. 2021 · Q78 · General Studies · 2 marks

    With reference to the Union Government, consider the following statements: 1. N. Gopalaswamy Iyenger Committee suggested that a minister and a secretary be designated solely for pursing the subject of administrative reform and promoting it. 2. In 1970, the Department of Personnel was constituted on the recommendation of the Administrative Reforms Commission, 1966, and this was placed under the Prime Minister's charge. Which of the statements given above is/are correct?

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