Discussion
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 ?
Answer: B
Statements I and II are correct, so the answer is I and II.
Statement I: constitutional amendments are open to judicial review on the ground that they damage the basic structure, the rule laid down in Kesavananda Bharati v. State of Kerala, decided on 24 April 1973.
Statement II: in I.R. Coelho v. State of Tamil Nadu (2007) a nine-judge bench held that laws placed in the Ninth Schedule after 24 April 1973 can be tested against the basic structure, including the rights in Articles 14, 19 and 21.
Statement III is wrong. Parliament's power under Article 368 is wide but limited: it cannot destroy the basic structure, and Minerva Mills (1980) struck down the clauses of the 42nd Amendment that tried to make it unlimited. Any option including III therefore fails.
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