Question
Download Solution PDFWhich of the following Constitutional Amendment Acts added the 9th Schedule to the Constitution?
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Answer (Detailed Solution Below)
Option 2 : 1st Constitutional Amendment Act
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Download Solution PDFThe correct answer is 1st Constitutional Amendment Act.
Key Points
- The 1st Constitutional Amendment Act of 1951 added the 9th Schedule to the Indian Constitution.
- This amendment was enacted to protect laws related to land reforms and other related issues from being challenged in courts on the grounds of violation of fundamental rights.
- The 9th Schedule contains a list of central and state laws which cannot be challenged in courts and was primarily aimed at safeguarding land reform and redistribution legislation.
- The 1st Amendment Act was introduced by the then Prime Minister Jawaharlal Nehru and was passed by the Parliament on 10 May 1951.
Additional Information
- 9th Schedule:
- The 9th Schedule was introduced to provide a protective umbrella for certain laws from judicial review, specifically those pertaining to agrarian reforms.
- Laws placed under the 9th Schedule are immune from being struck down on the grounds that they violate fundamental rights.
- This schedule was added to promote socio-economic justice by ensuring that land reforms could be implemented without legal impediments.
- Judicial Review:
- Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.
- It is a tool for enforcing constitutional discipline over legislative and executive authorities.
- However, the laws under the 9th Schedule were initially placed beyond the scope of judicial review.
- Constitutional Amendments:
- A constitutional amendment is a modification of the constitution of a nation or a state.
- In India, constitutional amendments are made under Article 368 of the Constitution.
- Such amendments are necessary to address contemporary issues and to ensure the Constitution remains relevant.
- Fundamental Rights:
- Fundamental Rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment.
- These rights are enshrined in Part III of the Constitution of India.
- They include rights such as the right to equality, freedom of speech and expression, and the right to constitutional remedies.
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