Rajasthan Judiciary 2019

Which of the Act & Regulations cannot be declared unconstitutional by High Courts and Supreme Court?

Verified Answer
A. Acts & Regulations concerning persons from Scheduled Castes & Scheduled Tribes.
B. Acts & Regulations concerning Parliament & its members.
C. Acts & Regulations enlisted in Schedule VII of the Constitution.
D. Acts & Regulations enlisted in Schedule IX of the Constitution.

Explanation:

The Ninth Schedule of the Indian Constitution was created to protect certain laws from judicial review on the ground that they violate fundamental rights. While the Supreme Court has clarified that laws placed in the Ninth Schedule after April 24, 1973, are open to judicial review if they violate the basic structure of the Constitution, its primary purpose and historical intent was to provide immunity from judicial review. Compared to the other options, which are clearly subject to judicial review, the Ninth Schedule offers the most protection.