In the famous 9th schedule case, the nine Judges' bench, headed by Justice Sabharwal, is responsible for upholding the judiciary's authority, the Coelho Case.
The IR Coelho Case marks the historical judgement of IR Coelho vs the State of Tamilnadu. Popularly known as the 9th schedule case, the nine judges' bench was supervised by the ten Justice of India, Mr Y.K.Sabharwal published a unanimous judgement on 11th January 2007. In this letter, he was endorsing the judiciary's authority to review or revise any law that destroys the basic structure stated in the constitution in fundamental rights, even though they are put in the 9th schedule.
The Ninth Schedule of the Indian Constitution contains a list of central and state laws that the courts cannot challenge. The government introduced articles 31B &31A to safeguard the laws and regulations that dealt with agricultural reform and obliterate the Zamindari system.
Important cases inspired by the IR Coelho Case 2007
The constitution of India is an important document. The power to make amendments in this is in the hands of the legislature. There have been certain cases that marked the history of the Indian constitution.
- The Kesavananda Bharati Case (Kesavananda Bharati Vs State of Kerala 1973), popularly known as the Fundamental Rights case, arose because of the reference made by a 5-judge Constitution Bench in 1999 post-Gudalur Janmam estates Act, 1969 was struck off by the Supreme Court in Balmadies Plantations Ltd. % Anr. V. a state of Tamilnadu
- The Woman Rao Case stated that insertions of amendments after the Kesavananda Case could be challenged on the ground that they are violative of the fundamental rights mentioned in Articles 14,19 and 31
Coelho Case - Basic structure Doctrine
It is the very essence of the constitution, and any rules or regulations should not violate its essence. The court has probed upon the significance of the Power of Judicial Review. This is a check on the attempts of the state to chip away at the fundamental rights in the constitution.
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Importance of Coelho Case
The Coelho Case has genuinely strengthened the hold or the power of the basic structure doctrine in the Indian Constitution, emphasizing the consequences of amendments, if violative, should certainly be struck down. For instance, striking down NJAC (99th constitutional amendment terming it to be unconstitutional). Judicial review is the most sensible and impacting technique to deal with the laws infringing and relating to fundamental rights.
FAQs on Coelho Case
Q1. What is the Ir Coelho Case?
Ans: The Ir Coelho Case, popularly known as the 9th schedule case, marks a historical judgement of the I.R.Coelho v. state of Tamilnadu case.
Q2. What is the judgement of the Ir Coelho Case 2007 on Judicial review?
Ans: The Ir Coelho Case 2007, headed by Justice Y.K.Sabharwal delivered a unanimous verdict in 2007, upholding the authority to review any law by the judiciary.
Q3. What is the 9th schedule of the Indian Constitution, introduced during the Coehlo Case?
Ans: The 9th schedule, introduced during the Coehlo Case, mentions a list of Central and State laws that courts cannot challenge.
Q4. What was held in the Coelho Case?
Ans: Coelho Case is a landmark case that upheld the authority of the judiciary to review laws even if they are mentioned in the 9th schedule, speaking about fundamental rights.