UPSC Previous Year Question | Mains GS2 | 2016

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? (Not more than 200 words)

Answer

Introduction

I.R. Coelho v. State of Tamil Nadu (2007) considered laws placed in the Ninth Schedule after the basic-structure doctrine emerged. The judgment balanced constitutional protection for reform with the supremacy of fundamental constitutional principles.

Holding In Coelho

Holding in Coelho

  • The Court held that post-24 April 1973 Ninth Schedule insertions are open to judicial review if they damage or destroy the basic structure.
  • Placement in the Ninth Schedule is therefore not an absolute immunity from constitutional scrutiny.
  • The Court examined the effect of a law on rights and constitutional identity rather than relying only on its formal location.

Importance Of Judicial Review

Importance of review

  • Judicial review enforces limited government, protects fundamental rights and prevents constitutional amendments from destroying democracy, rule of law or institutional balance.
  • It also permits courts to test executive and legislative action against constitutional limits.
  • Review is not a licence for judicial governance: restraint, reasoned standards and respect for institutional competence remain necessary.
  • Thus judicial review is a key basic feature because without it the basic structure would lack an effective safeguard.

Keywords

Keywords: I.R. Coelho; Ninth Schedule; basic structure; judicial review; fundamental rights; constitutional supremacy.

Topics: basic structure doctrine, i.r. coelho case and judicial review, judiciary and constitution, polity and governance