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: Understand the theme.
This question is about how far Parliament can amend the Constitution and how courts control that power. The guiding idea is the Basic Structure Doctrine from the Kesavananda Bharati case (1973). We must judge three statements.

Step 2: Test statement I.
Statement I says judicial review extends to constitutional amendments. This is true. After cases like I.R. Coelho v. State of Tamil Nadu (2007), courts can review amendments to see if they damage the basic structure.

Step 3: Test statement II.
Statement II says laws added to the Ninth Schedule after 24 April 1973 can still be checked for violating the basic structure. This is true. The I.R. Coelho ruling held that such later additions are not fully immune.

Step 4: Test statement III.
Statement III says Parliament's amending power under Article 368 is unlimited. This is false. The basic structure doctrine clearly limits that power. Parliament cannot destroy the core of the Constitution.

Step 5: Decide the correct group.
Statements I and II are correct, while III is wrong. So the right combination is I and II only.

Step 6: State the answer.
So the correct statements are I and II. \[ \boxed{\text{I and II}} \]