Answer» Correct Answer - Option 4 : All of the above
The correct answer is All of the above. - The Ninth Schedule contains a list of central and state laws that cannot be challenged in courts.
- It was added by the 1st Constitutional Amendment Act, 1951. Hence, Statement 1 is correct.
- The first Amendment added 13 laws to the Schedule.
- The number of protected laws to 284 currently.
- It was created by the new Article 31B. Hence, Statement 2 is correct.
- Article 31A and 31B were brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.
- Article 31A extends protection to ‘classes’ of laws.
- Article 31B shields specific laws or enactments.
- While most of the laws protected under the Schedule concern agriculture/land issues, the list includes other subjects like Reservation.
- Article 31B was enforced retrospectively, which means that if laws are inserted in the Ninth Schedule after they are declared unconstitutional, they are considered to have been in the Schedule since their commencement, and thus valid.
- Although Article 31B excludes judicial review, the Supreme Court has said in the past judgments that even laws under the Ninth Schedule would be open to scrutiny if they violated Fundamental Rights or the basic structure of the Constitution.
- In Practice, they are subject to Judicial Review. Hence, Statement 3 is correct.
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