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    Question

    Consider the following statements: 1. The 1st

    Constitutional Amendment Act, 1951 added the Ninth Schedule 2. 1st constitutional amendment also provided that all laws made by the state legislature under article 31A are immune from judicial review. 3. In the Keshvananda Bharati (1973) case Supreme Court allowed the Judicial Review of the laws placed under Ninth Schedule before 24th April 1973. Select the Correct answer from the codes given below:
    A 1 only Correct Answer Incorrect Answer
    B 1 and 2 only Correct Answer Incorrect Answer
    C 1 and 3 only Correct Answer Incorrect Answer
    D 1, 2 and 3 Correct Answer Incorrect Answer

    Solution

    ● Statement 1 is correct: The 1st Constitutional Amendment Act, 1951 added the Article 31A, 31B, Ninth Schedule among other things to the Constitution of India. Article 31A immunises five categories of law from being invalidated or challenged by the Courts on the grounds of being in contravention with Article 14 and Article 19 of the Constitution of India. These include: Acquisition of estates and related rights by the States Taking over the management of properties by the stat Amalgamation of corporations Abolition or modification of the rights of the directors or shareholders of the corporati Abolition or modification of the mining le Article 31B on the other hand saves the acts and regulations included under the Ninth Schedule from being challenged on the ground of contravention of any of the fundamental rights.. Hence, Article 31B has much wider connotations as compared to Article ● Statement 2 is incorrect: Article 31A does not exempt a law by state legislature from judicial review unless it has been reserved for presidential consideration and has received his assent. ● Statement 3 is incorrect: It was in the I.R.Coelho case (2007) that the Supreme Court that the laws or acts placed under the Ninth th Schedule after April 24, 1973 can be subjected to Judicial review. It was on April 24, 1973 that the Supreme Court came up with the Doctrine of Basic structure in Keshavanda Bharati

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