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In which case was it held that laws included in the Ninth Schedule do not become part of the Constitution, as they derive their validity on account of the exercise undertaken by Parliament to…

Question and options

In which case was it held that laws included in the Ninth Schedule do not become part of the Constitution, as they derive their validity on account of the exercise undertaken by Parliament to include them in the Ninth Schedule?
  1. I R Coelho vs. State of Tamil Nadu
  2. Indira Gandhi case
  3. Minerva Mills case
  4. None of the given options is correct

Answer and explanation

Correct answer: A - I R Coelho vs. State of Tamil Nadu
In I.R. Coelho v. State of Tamil Nadu (2007), a nine-judge bench held that laws placed in the Ninth Schedule do not become part of the Constitution, because they owe their protection to Parliament's act of inclusion; laws inserted after 24 April 1973 are therefore open to review against the basic structure. Minerva Mills (1980) concerned the limits on Parliament's amending power and the balance between Fundamental Rights and Directive Principles, not this point.

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