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

Hint:

Remember the two most important constitutional law cases: Kesavananda Bharati (1973) → Basic Structure Doctrine. I.R. Coelho (2007) → Ninth Schedule laws inserted after 24 April 1973 can be tested on the touchstone of Basic Structure.

Answer 1

The Correct Option is B

Step 1: Understand the base idea.
Parliament can amend the Constitution under Article 368, but this power is not unlimited. The Basic Structure Doctrine protects the core of the Constitution.

Step 2: Check Statement I.
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that even constitutional amendments can be reviewed by courts. So judicial review extends to amendments. Statement I is correct.

Step 3: Check Statement II.
The Ninth Schedule once protected laws from review. But in I.R. Coelho (2007), the Court held that laws added after 24 April 1973 can still be checked for breaking the basic structure. So Statement II is correct.

Step 4: Check Statement III.
Statement III says the amending power is unlimited. This is wrong, because Parliament cannot destroy the basic structure. Statement III is incorrect.

Step 5: Combine the results.
Statement I correct, Statement II correct, Statement III incorrect. So only I and II are right.

Step 6: Final answer.
The correct combination is I and II.
\[ \boxed{\text{I and II}} \]