Question 12GS2GS2
It is argued that unchecked and rampant exercise of the power to insert laws in the Ninth Schedule results in undermining of Constitutional supremacy and creation of Parliamentary hegemony. Do you agree? Justify your stand with logical arguments.
Main Body
Ninth Schedule is created under Article 31B by First Amendment Act & Constitution. Unchecked insertion of Laws:
1Insertion of state laws selected to Zamindari, land reforms etc. to some form Right to Property (before it was space removed)
2Central laws to uphold DPSP provision against FR. (Due to judicial case like A.d.Ahnath case, 1987)
Undermining Constitutional supremacy:
1Laws from Judicial scrutiny (Art 22, 22.6)
2Overturns Judicial decisions (eg Indira Saswamy case - limited to 73/Conservation preservation Act - 69/conservation)
3Parliament can insert the law set retrospectively
4Gives primacy to Parliamentary laws, which can even violate Fundamental Right (Article 13)
5PM Makes Constitution Amendment flexible & raw from A
Narrows, Constitutional supremacy was restored in IR Cellio case:
1Parliament can't violate Articles 14, 15, 19, 21 very Ninth Schedule.
2All laws are open to Judicial screen inserted post 23rd April, 1973 (day Afterword & Retrospective Judgement)
3Ninth Schedule laws can't violate basic structure of Constitution
4This has limited the insertion of Laws post 2007 judgment
Today, Constitution is governed by principles of Judicial Review as held as basic structure in Kesavanand Bharati case, 1973
194 words4 paragraphs
Conclusion
Today, Constitution is governed by principles of Judicial Review as held as basic structure in Kesavanand Bharati case, 1973
19 words
Examiner score
0.9/10Open original scan
Page 22
Topper
Aayushi Bansal
AIR 72022
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Amendments
Ninth Schedule and Constitutional Supremacy
Writing Stats
213
Total words
4
Paragraphs
analytical
Tone