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

  • 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.

Answer: D

The answer is Acts & Regulations enlisted in Schedule IX of the Constitution.

Article 31B, inserted by the First Amendment in 1951, protects the Acts and Regulations specified in the Ninth Schedule from being declared void on the ground that they are inconsistent with or take away any fundamental right. That is the protection the question describes.

The protection is now qualified: in I.R. Coelho v. State of Tamil Nadu (2007) the Supreme Court held that laws added to the Ninth Schedule after 24 April 1973 can still be tested against the basic structure. Schedule VII contains the legislative lists, not protected laws, and no general immunity attaches to laws about Scheduled Castes and Tribes or about Parliament.

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