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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 on the doctrine of the basic structure.
  • d)
    The appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule.
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
Which one of the following statements with regard to the Ninth Schedul...
  • The Ninth Schedule was added to the Constitution by the First Amendment in 1951 along with Article 31-B with a view to providing a “protective umbrella” to land reforms laws to save them from being challenged in courts on the ground of violation of fundamental rights.
  • The Supreme Court has the power of judicial review of an Act included in the Ninth Schedule on the doctrine of the basic structure.
  • In a landmark ruling on 11th January 2007, the Supreme Court ruled that all laws (including those in the Ninth Schedule) would be open to judicial review if they violated the basic structure of the Constitution.
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Most Upvoted Answer
Which one of the following statements with regard to the Ninth Schedul...
The correct answer is option 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.

The Ninth Schedule of the Constitution of India was inserted by the Constitution (First Amendment) Act, 1951. It was added to protect certain laws from judicial scrutiny and to provide a shield against any challenge on the grounds of violation of fundamental rights. The purpose of including the Ninth Schedule was to ensure that social welfare legislations and land reform laws, which may infringe upon fundamental rights, are protected and not struck down by the courts.

Explanation of the options:
a) It was inserted by the Constitution (First Amendment) Act, 1951:
This statement is correct. The Ninth Schedule was added to the Constitution of India through the First Amendment Act in 1951. The aim was to protect certain laws from being declared unconstitutional.

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:
This statement is not correct. The Acts and Regulations included in the Ninth Schedule are immune from judicial review on the grounds of violation of fundamental rights. They are protected from being declared void even if they infringe upon the fundamental rights guaranteed under Part III of the Constitution.

c) The Supreme Court has the power of judicial review of an Act included in the Ninth Schedule on the doctrine of the basic structure:
This statement is correct. The Supreme Court of India has held that it has the power of judicial review over Acts included in the Ninth Schedule if they violate the basic structure of the Constitution. The basic structure doctrine was established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala.

d) The appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule:
This statement is correct. The appropriate Legislature, either the Parliament or the State Legislature, has the power to repeal or amend any Act included in the Ninth Schedule. This provides the flexibility to modify laws based on changing circumstances or societal needs.

Conclusion:
The statement that 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 is not correct. The Ninth Schedule provides protection to these Acts and Regulations from being declared void even if they infringe upon fundamental rights.
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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 on the doctrine of the basic structure.d)The appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule.Correct answer is option 'B'. Can you explain this answer?
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