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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Judiciary Exams MCQ

Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study

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Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Question 1
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What was the primary purpose behind the introduction of the 9th schedule through Article 31-B of the Indian constitution?

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The 9th schedule, introduced through Article 31-B of the Indian constitution, aimed to grant exemption from judicial review specifically for social and economic development initiatives. This provision was intended to shield certain laws related to land acquisition and other social welfare measures from judicial scrutiny to expedite progress in these areas.
Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Question 2
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What was the primary objective of the 9th schedule in India post-independence?

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The 9th schedule in India post-independence aimed at redistributing land for community welfare and social justice. This initiative was inspired by the model in Ireland and sought to ensure that land distribution contributed to the overall welfare of the community, emphasizing social justice and equitable access to resources.
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Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Question 3
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What was a significant consequence of the initial shielding of land acquisition laws by the 9th schedule from judicial review in India?

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The shielding of land acquisition laws by the 9th schedule from judicial review initially led to conflicts between Parliament and the Supreme Court in India. This conflict arose due to differing interpretations of legislative power and the extent to which judicial review could be applied. The Supreme Court rulings, such as in the IR Coelho case, were pivotal in attempting to strike a balance between the legislative authority of Parliament and the oversight role of judicial review, thereby preserving the fundamental principles of the Indian Constitution.
Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Question 4
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What was the main focus of the first constitutional amendment in 1951 in India?
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The primary focus of the first constitutional amendment in 1951 in India was centered on agrarian reforms, specifically addressing issues related to land distribution and tenant protection. This amendment was crucial in initiating measures to improve the agrarian sector, ensuring fair land practices and safeguarding the rights of tenants in the country.
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What was the primary objective behind the inclusion of the 9th Schedule?
Detailed Solution for Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Question 5
The primary objective behind the inclusion of the 9th Schedule was to prevent judicial interference in property acquisition issues. This measure aimed to reduce wealth concentration in land ownership and facilitate agrarian reforms by targeting the removal of intermediaries in agriculture. By safeguarding property acquisition from judicial intervention, the government sought to promote socio-economic development, eradicate poverty, and uplift weaker sections, especially within the agricultural sector.
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How did the 9th Schedule aim to contribute to socio-economic development?
Detailed Solution for Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Question 6
The 9th Schedule aimed to contribute to socio-economic development by eradicating poverty through targeted agrarian reforms. By removing intermediaries in agriculture and abolishing the zamindari system, the government intended to uplift weaker sections, particularly in the agricultural sector. This initiative sought to promote socio-economic growth, prevent wealth concentration in land ownership, and foster a more equitable distribution of resources to support the overall development of the country.
Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Question 7
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What is the primary function of Article 31-B in relation to the Ninth Schedule?
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Article 31-B serves to offer additional protection to laws that fall under Article 31-A, providing a dual layer of immunity under specific conditions. This mechanism ensures that laws within the Ninth Schedule are safeguarded from judicial scrutiny, thereby regulating safeguards against potential constitutional breaches.
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Why is the relationship between Article 31-A and Article 31-B considered crucial?
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The relationship between Article 31-A and Article 31-B is vital as they complement each other, forming a comprehensive shield for laws. While Article 31-A establishes certain protections, Article 31-B extends these safeguards, offering an additional layer of immunity to laws falling under Article 31-A. This synergy ensures a robust framework for safeguarding laws within the Ninth Schedule.
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How does the 9th schedule of the Indian constitution serve as a protective umbrella for laws?
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The 9th schedule of the Indian constitution acts as a protective umbrella for laws by granting them immunity from legal scrutiny once they are included in this schedule. This protective measure shields laws from being declared void, safeguarding them against challenges in the judicial system. The inclusion of laws in the 9th schedule is a strategic mechanism to protect them from potential legal invalidation, thereby providing a means for Parliament to uphold the validity of certain legislations despite constitutional concerns.
Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Question 10
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Which legal principle was emphasized in the Keshavananda Bharati Case regarding Parliament's amending powers?
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The Keshavananda Bharati Case clarified that while Parliament has the authority to amend laws, it cannot alter the basic structure of the constitution. This legal principle established limitations on Parliament's power to change fundamental laws, ensuring the integrity and stability of the constitutional framework.
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What was the key outcome of the Keshavananda Bharti v. State of Kerala case in relation to amending the constitution?
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In the Keshavananda Bharti case, the Supreme Court ruled that while parliament has the authority to amend the constitution and fundamental rights, it cannot alter the basic structure of the constitution. This landmark decision established the principle that there are certain core principles and features of the constitution that are beyond the reach of parliamentary amendments, ensuring the preservation of the constitution's essential framework and values.
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Which judicial decision affirmed that laws added to the ninth schedule after April 24, 1973, could be reviewed by the court for violations of basic features, emphasizing the importance of judicial review?
Detailed Solution for Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Question 12
The I.R. Coelho Case in 2007 solidified the concept that laws added to the ninth schedule after April 24, 1973, are subject to judicial review for potential violations of basic features. This case underscored the crucial role of judicial review in ensuring that laws are in alignment with the fundamental principles and values enshrined in the Constitution.
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What significant step did the Supreme Court take to address the ongoing conflict between the Parliament and itself regarding laws in the Ninth Schedule?
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The Supreme Court's decision to subject laws in the Ninth Schedule to judicial review marked a pivotal moment in Indian constitutional law. This move enabled the Court to evaluate the constitutionality of laws included in the Ninth Schedule, particularly concerning their alignment with the basic structure of the Constitution. By doing so, the Court ensured that these laws were not immune from judicial scrutiny, thus upholding the foundational principles of the Indian Constitution.
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In what circumstances can laws included in the Ninth Schedule be contested in court post the 1973 era?
Detailed Solution for Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Question 14
Laws included in the Ninth Schedule can be brought before the court for review if they are deemed to violate the basic structure of the Constitution. This criterion, established post the 1973 era, signifies a crucial development in Indian jurisprudence, ensuring that even laws shielded under the Ninth Schedule are not beyond the purview of judicial examination. This provision underscores the Court's role in safeguarding the fundamental tenets of the Constitution and upholding the principles of constitutionalism and rule of law.
Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Question 15
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Which constitutional amendment removed the right to property from the list of fundamental rights, leading to a significant shift in the legal landscape?
Detailed Solution for Test: Judicial Review in the Light of 9th Schedule: A Comprehensive Study - Question 15
The 44th Amendment Act removed the right to property from the list of fundamental rights, marking a significant change in the legal framework of India. This amendment altered the scope of property rights and had far-reaching implications on the legal and social aspects of the country.
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