Basic Provisions

The power of the Judiciary to pronounce upon the constitutionality of laws and executive orders. Judicial Review in India refers to the power of the Judiciary to examine laws and executive actions to ensure they comply with the Constitution of India. This power allows the courts to strike down any law or executive order that is found to be unconstitutional, thereby upholding the supremacy of the Constitution. Judicial Review is an essential feature of the Basic Structure Doctrine, ensuring the protection of fundamental rights and the separation of powers between the legislature, executive, and judiciary. Thus, Judicial Review acts as a safeguard against unconstitutional actions and reinforces the rule of law in India.

**Statement 1 is correct:** The Ninth Schedule was introduced through the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights (Part III of the Constitution). **Statement 2 is incorrect:** The protection under the Ninth Schedule is not absolute. As per the Kesavananda Bharati case (1973) and reaffirmed in the I.R. Coelho case (2007), laws placed in the Ninth Schedule after April 24, 1973, can still be challenged if they violate the "Basic Structure" of the Constitution. Thus, while the Ninth Schedule provides a degree of protection, the Supreme Court retains the power to review laws that undermine the Constitution’s core principles. Hence, the correct answer is option (a) 1 only.

**Statement 1 is incorrect.** High Courts have the power to declare central laws unconstitutional. This power is derived from their inherent jurisdiction to uphold the Constitution. **Statement 2 is incorrect.** While the Supreme Court cannot question the amending power of the Parliament, it can review the constitutional validity of an amendment. The landmark case of Kesavananda Bharati v. State of Kerala established the doctrine of the 'basic structure' of the Constitution. Any amendment that violates this basic structure can be declared unconstitutional by the Supreme Court.