With reference to the Constitution of India, which statement about the Ninth Schedule is NOT correct and therefore stands out as incorrect in the given options?

Difficulty: Medium

Correct Answer: The Acts and Regulations specified in the Ninth Schedule shall become void on the ground that it violates a fundamental right in Part III of the Constitution.

Explanation:


Introduction / Context:
This question tests understanding of the constitutional position of the Ninth Schedule of the Constitution of India and its relationship with fundamental rights and judicial review. The Ninth Schedule was created to protect certain laws, especially land reform Acts, from challenges based on violation of fundamental rights. Over time, Supreme Court judgments have clarified the scope of this protection. The question asks which statement among the options is not correct, so candidates must carefully distinguish between accurate and inaccurate descriptions of the Ninth Schedule framework.


Given Data / Assumptions:

  • The question refers to the Ninth Schedule of the Constitution of India.
  • We are provided with four statements about its origin, protection and judicial review.
  • We must identify the statement that is not correct.
  • The analysis should take into account Supreme Court decisions, especially relating to the basic structure doctrine.


Concept / Approach:
The Ninth Schedule was inserted by the Constitution First Amendment Act 1951 to protect certain laws from being struck down for violating fundamental rights. Initially, laws placed in this Schedule were largely immune from judicial review concerning fundamental rights. However, in later judgments, particularly in cases like I R Coelho, the Supreme Court held that even laws in the Ninth Schedule can be reviewed if they violate the basic structure of the Constitution. Therefore, while the Schedule provides some protection, it does not make laws automatically void for violating fundamental rights, nor does it make them absolutely immune from any review. The correct approach is to compare each statement with this nuanced constitutional position.


Step-by-Step Solution:
Step 1: Examine statement a: It was inserted by the Constitution First Amendment Act 1951. This is a well known historical fact and is correct. Step 2: Examine statement c: The Supreme Court has the power of judicial review of an Act included in the Ninth Schedule on the doctrine of basic structure. This aligns with later judicial decisions and is correct. Step 3: Examine statement d: The appropriate Legislature can repeal or amend an Act specified in the Ninth Schedule. Legislatures retain the power to amend or repeal their laws regardless of schedule placement, so this is correct. Step 4: Examine statement b: It says that Acts and Regulations in the Ninth Schedule shall become void on the ground that they violate a fundamental right in Part III. This is not correct because the original idea was to protect such laws from challenge under Part III, and even after later judgments, they are not automatically void just because they violate a fundamental right; instead, they can be examined only if they damage the basic structure. Step 5: Therefore, statement b is the incorrect one and should be selected as the answer.


Verification / Alternative check:
To verify, recall that the main purpose of the Ninth Schedule was to place certain laws beyond simple fundamental rights based scrutiny. If statement b were true, it would mean that every law in the Schedule becomes automatically void for violating fundamental rights, which is the opposite of the intended protection. The actual judicial development is more subtle: laws placed after a particular cut off date can still be tested against basic structure, not simply against any fundamental right. Thus the statement that they shall become void on the ground of fundamental rights violation is inaccurate and contradicts constitutional practice, confirming that it is the incorrect statement.


Why Other Options Are Wrong:
Here, wrong refers to being incorrect as an answer choice for the question. Options a, c and d are correct descriptions of the Ninth Schedule, so they are wrong choices for a question that asks which statement is not correct.
Option a correctly describes the insertion of the Ninth Schedule by the First Amendment in 1951.
Option c correctly states that the Supreme Court can use the basic structure doctrine to review even Ninth Schedule laws.
Option d correctly notes that legislatures can still repeal or amend laws included in the Ninth Schedule.


Common Pitfalls:
A frequent pitfall is reading too quickly and assuming that any reference to judicial review makes a statement wrong or right without careful attention. Some students also confuse the original immunity from fundamental rights review with later basic structure scrutiny. It is important to remember that Ninth Schedule laws are not automatically void for violating fundamental rights; instead, their validity depends on whether they damage the basic structure of the Constitution in light of later jurisprudence. This clarity helps avoid errors in similar constitutional law questions.


Final Answer:
The statement that is not correct is The Acts and Regulations specified in the Ninth Schedule shall become void on the ground that it violates a fundamental right in Part III of the Constitution.

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