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.

Answer 2

This question tests the limits on Parliament's amending power under Article 368, built around the basic structure doctrine, and each statement needs to be tested individually.

1. Statement I - judicial review extends to constitutional amendments: Since Kesavananda Bharati and later I.R. Coelho v. State of Tamil Nadu, courts can and do review constitutional amendments to check whether they damage the basic structure. This statement is correct.
2. Statement II - laws inserted into the Ninth Schedule after 24 April 1973 remain open to basic structure scrutiny: The Supreme Court in I.R. Coelho specifically held that Ninth Schedule immunity does not shield laws added after the date of the Kesavananda Bharati judgment from basic structure review. This statement is correct.
3. Statement III - Parliament's amending power under Article 368 is unlimited: This is incorrect, since the basic structure doctrine specifically limits Article 368 by barring Parliament from altering the Constitution's fundamental framework, even through a formally valid amendment.
4. Option (B) - II and III: This wrongly includes the false Statement III while implicitly excluding the true Statement I.
5. Option (C) - I only: This wrongly excludes Statement II, which is also an accurate description of the law after I.R. Coelho.
6. Option (D) - I, II and III: This wrongly includes the false Statement III.

Only Statements I and II hold up as accurate, while Statement III misstates the settled limitation on Parliament's amending power.

Hence, the correct answer is I and II.