Question

Under the Constitution of India, consider the following statements in the context of constitutional amendments: I. Judicial review extends to constitutional amendments. II. Laws inserted into the Ninth Schedule after 24th April, 1973 remain open to scrutiny for violation of the basic structure. III. Parliament's amending power under Article 368 is unlimited. Which of the above statements is/are correct?

• A. I and II
• B. II and III
• C. I only
• D. I, II and III

Hint:

Remember the "Basic Structure" threshold: April 24, 1973 (Kesavananda Bharati date) is the "cut-off." Post-1973, everything in the Ninth Schedule is open to judicial challenge!

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The "Basic Structure Doctrine" established in Kesavananda Bharati (1973) serves as the primary limitation on Parliament's power to amend the Constitution.

Step 2: Detailed Explanation:
- Statement I is correct: Since I.R. Coelho v. State of Tamil Nadu (2007), it is established that the judiciary can review constitutional amendments to ensure they do not violate the basic structure.
- Statement II is correct: The Supreme Court (in I.R. Coelho) ruled that while the Ninth Schedule provides immunity, laws added to it after the date of the Kesavananda Bharati judgment (24 April 1973) are not immune from basic structure scrutiny.
- Statement III is incorrect: Parliament's power under Article 368 is not unlimited; it is subject to the limitation of not destroying the basic structure of the Constitution.

Step 3: Final Answer:
Statements I and II are correct. Option (A) is correct.