Which of the following was the most appropriate regarding the developm...
- Statement 1 is incorrect: National Flag was adopted by the Constituent Assembly on the 22nd July 1947. Hence, it was adopted before independence.
- Statement 2 is correct: The Ninth Schedule was inserted as a result of the 1st Constitutional Amendment in 1951. It was added to shield the laws placed in from Judicial Review.
- Statement 3 is incorrect: The idea of Concurrent list in the Indian Constitution has been borrowed from the Constitution of Australia.
- Statement 4 is incorrect: The discussions on the Round Table Conferences led to the enactment of the Government of India Act, 1935. The Poona Pact was signed in 1930 between Mahatma Gandhi and Dr. B.R. Ambedkar after the announcement of the Communal Award.
Which of the following was the most appropriate regarding the developm...
The most appropriate option regarding the development of Constitutional history of India is option 'B', which states that the Ninth Schedule was added in the Constitution of India to deal with the laws relating to land reforms.
Explanation:
The Ninth Schedule of the Indian Constitution was added through the First Amendment Act in 1951. It was created to provide protection to laws that were enacted for implementing land reforms and other socio-economic measures. The objective was to shield these laws from judicial scrutiny and potential challenges on the grounds of violating fundamental rights.
The addition of the Ninth Schedule was a response to the Supreme Court's decision in the case of Shankari Prasad vs. Union of India (1951) and Sajjan Singh vs. State of Rajasthan (1965). In these cases, the court held that any law, including a constitutional amendment, could be subject to judicial review if it violated the fundamental rights guaranteed by Part III of the Constitution.
To overcome this judicial review, the government introduced the Ninth Schedule. The laws placed in this schedule were given immunity from any challenge in the court. However, this immunity was limited, and laws placed in the Ninth Schedule could still be challenged on the grounds of violating the basic structure of the Constitution.
Over the years, numerous laws related to land reforms, reservations, and other socio-economic measures have been included in the Ninth Schedule. This has allowed the government to implement policies without the fear of them being struck down by the judiciary.
However, it is important to note that the Ninth Schedule has been a subject of debate and controversy. Critics argue that it provides a safe haven for laws that may infringe upon fundamental rights. The Supreme Court has also held that laws placed in the Ninth Schedule are not immune from judicial review if they violate the basic structure of the Constitution.
In conclusion, the addition of the Ninth Schedule in the Constitution of India was a significant development in the Constitutional history of India. It provided protection to laws related to land reforms and other socio-economic measures, ensuring their implementation without the threat of judicial scrutiny. However, the issue of the Ninth Schedule's scope and limitations remains a matter of ongoing debate.
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