I.R. Coelho vs State of Tamil Nadu |

I.R. Coelho vs State of Tamil Nadu

I.R. Coelho v. State of Tamil Nadu 2007 (2) SCC 1

Brief facts- The question involved in the present case was whether an Act or a regulation which or a part of which is found to be violative of Fundamental Rights can be included in the 9th Schedule or; whether it is only a constitutional amendment amending the 9th Schedule which damages or destroy the basic structure of the constitution that can be struck down.
The another question of law involved was whether on and after 24.4.1973 when the basic structure doctrine was propounded , it is permissible for Parliament under Art.31-B to immunise legislations from fundamental rights by inserting them into the 9th Schedule and ,if so , what is its effects on the power of judicial review of the Court.

Relevant Provisions – Article 31 A and Article 31-B and 9th schedule of Indian Constitution.

Judgement – The Hon’ble Supreme Court held that any law abridgesor violates Fundamental Rights even inserted in the 9th Schedule will have to be invalidated in exercise of the judicial review power of the Court , the validity or invalidity would be tested on its own merits in the lights principles laid down in this Court. Further , the Hon’ble Court held that all amendments to the Constitution made on or after 24.4.1973 by which the 9th Schedule is amend by inclusion of various laws therein shall have to be tested on the touchstone of the basic or essential features of the Constitution as reflected in Art.21 r/w Art. 14 & 19 and the principles underlying them.

Note – The nine Judges’ Bench presided by Mr. Justice Y.K. Sabharwal, the then C.J.I. delivered this unanimous verdict on 11.1.2007 whereby upholding the ‘Basic Structure Doctrine’, and the authority of the judiciary to review any such laws , which destroy or damage the basic structure as indicated in Art.21 read with Art.14, Art.19 and the principles underlying there under, even if they have been put in 9th Schedule after 14th April, 1973. This case is popularly known as The Ninth Schedule Case due of the politics involved and the exhaustive discussions on the validity of the Article 31 (b) of our Indian Constitution.

March 9, 2017

12 responses on "I.R. Coelho vs State of Tamil Nadu"

  1. utah payday loans online [url=http://onlineloansdhx.com/]colorado payday loans online[/url] best direct payday loans online payday loans online for california instant payday online loans south africa

  2. buying research papers online [url=http://researchpapershrd.com/]buy a research paper cheap[/url] write my research paper online how to buy a research paper homework help research paper

  3. quick money loan now [url=http://quickloansrgl.com/]quick payday loans for bad credit in south africa[/url] quick easy money loan quick cash loan brisbane m lhuillier quick cash loan philippines

  4. fast payday loans perry florida [url=http://fastcashloansvfl.com/]fast payday loans online direct lenders[/url] u s fast cash loans fast payday loans same day fast cash loans with no credit check in the philippines

  5. 250 Mg Amoxicillin Capsule For Dogs [url=http://abuycialisb.com]Cialis[/url] Cialis Schnelle Lieferung Cialis Cialis Pas Cher Nantes

  6. payday loans chicago [url=http://paydayloansyja.com/]arizona payday loans[/url] no verification payday loans easy payday loans online payday loans stores

  7. buy generic viagra [url=https://emilypharmfsf.com/]try viagra for free[/url] buy viagra generic viagra viagra alternatives

  8. viagra oral [url=https://miapharmer.com/]buy viagra online at[/url] discount viagra viagra online without prescription viagra stories

  9. generic viagra [url=https://sophiapharmsd.com/]viagra generic name[/url] how to get viagra generic viagra female viagra

  10. buy cheap purchase uk viagra [url=https://avapharmyj.com/]viagra samples[/url] natural viagra alternative viagra pharmacy viagra soft

  11. Hi, I do think this is a great site. I stumbledupon it 😉 I’m going to
    return once again since i have book marked it. Money and
    freedom is the best way to change, may you be rich and continue to guide others.

  12. cialis discount prices http://hydroxychloroquine24.com – plaquenil for sale order generic viagra us

Leave a Message

Your email address will not be published.

Copyright © 2017. Pahuja Law Academy
Designed & Developed By : Excel Range Media Group
Registration Opens For Judiciary Coaching

Register For Free Demo

Registration Opens For Judiciary Coaching
Free Demo Class Every Sunday - 10 AM & Every Wednesday - 04 PM                                    Free Demo Class Every Sunday - 10 AM & Every Wednesday - 04 PM