COELHO CASE

 UPSC GS MAINS IMPORTANT QUESTIONS

What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution?

I.R. Coelho Vs State of Tamil Nadu : 2007 is a landmark case in the Indian judicial history. It is also known as the ninth schedule case. In the landmark Coelho case a nine member bench of supreme court held all the amendments made to the constitution on or after 1973 including the amendment of 9th schedule shall have to be tested on the principles of the basic structure doctrine of constitution.




Article 31B, inserted by the First Amendment to the constitution in 1951, says that none of the Acts and Regulations specified in the Ninth Schedule shall be  void on the grounds of inconsistency with the fundamental rights guaranteed under the constitution.

In the Coelho Case the court upheld the authority of the judiciary to review any law which destroy or damage the basic structure as indicated in fundamental rights, even if they have been put in the 9th schedule of the constitution under the ambit of judicial review the court placed basic structure of the constitution above the immunization of law.




Judicial review is of key importance amongst the basic features of the constitution because of many factors. It is an effective means to protect the fundamental rights of individuals from legislative oversight. Without judicial review, basic structure would be rendered powerless and open to violation by arbitrary or draconian laws. Judicial review is an effective tool for safeguarding the constitution which becomes extremely necessary keeping in mind the bad experience of emergency.

Therefore, judicial review is a crucial aspect and cornerstone to our constitutional setup. However necessary care should be taken to ensure that judicial overreach which is harmful for a democratic setup like India.

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