Upgrad LLM

9th schedule of indian constitution

How will Judiciary provide a Justice to such person whose fundamental right has been infringed by such constitutional provision which is the part of 9th schedule of Indian Constitution?

If such provision has been inducted in the 9th Schedule after 24 April 1973, it can be challenged under Art. 13 of the constitution. Keshwananda Bharti Case and Minerva Mills would be the relevant judgments that you would want to go through to understand the chronology behind this answer. Nothing can be done about provisions that were added to Sch. 9 before 24th April 1973. Judiciary has reserved its interpretation as the basic structure which cannot be overridden in any case. That is how they can provide justice.



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