Q11
Provisions under 9th schedule
A.
Can be challenged in a court of law
AnswerB.
Can't challenge in a court of law
C.
Can seek opinion in a court of law
D.
None of these
Answer: Option A
Solution
Answer: Option A
Solution:
The 9th Schedule of the Indian Constitution was introduced by the First Amendment in 1951 to protect land reform and other laws from being challenged in courts on the grounds of violation of Fundamental Rights. Initially, the laws placed under the 9th Schedule were immune from judicial review, meaning they could not be challenged even if they violated Fundamental Rights.
However, in the landmark judgement of I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court ruled that laws placed under the 9th Schedule after April 24, 1973 (the date of the Kesavananda Bharati case) are open to judicial review if they violate the basic structure of the Constitution.
This means that any law included in the 9th Schedule after this cutoff date can be challenged in court if it damages the basic structure or infringes upon Fundamental Rights.
Therefore, the correct answer is Option A: Can be challenged in a court of law.