Statement I is correct. The Ninth Schedule was introduced by the First Amendment Act, 1951, to protect certain laws from judicial review on the ground of violation of Fundamental Rights, particularly concerning land reforms and the abolition of zamindari. Statement II is correct. While the initial purpose was to protect land reform laws, subsequent amendments have added numerous other laws to the Ninth Schedule, covering various subjects like tenancy rights, acquisition of property, and even some economic and social legislation, broadening its scope beyond just land reforms. Statement III is incorrect. Article 31B, which deals with the Ninth Schedule, was given retrospective effect. However, the Supreme Court in the I.R. Coelho case (2007) ruled that laws placed in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) are open to judicial review if they violate Fundamental Rights. Therefore, Article 31B has not ceased to be operative; its scope and application have been limited by the I.R. Coelho judgment. Statement IV is incorrect. Entries can be incorporated into the Ninth Schedule through Acts of Parliament, which means both the Central Government (through parliamentary approval) and State Legislatures (whose laws are then ratified by Parliament) can propose additions. It's not solely the power of the Central Government acting independently.
With reference to the Ninth Schedule of the Constitution of India, consider the following statements: I. It was intended to protect Central and State laws that are included in it from judicial review on the ground of violation of Fundamental rights. II. The entries included in it are not restricted to the subject of land reforms and abolition of the zamindari system alone. III. Article 31B carries a retrospective effect, but it has ceased to be operative after the 'I.R. Coelho Case' (2007). IV. The entries incorporated in it are only done so, by the power of the Central Government. Which of the statements given above are correct ?
Asked in APPSC Group 1 Prelims 2024 · Topic: Schedules (Ninth Schedule: Acts and Regulations Immune from Judicial Review (Post-Kihoto Hollohan))
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