Ajay Hasia v Khalid Mujib
I.R. Coelho v. State of Tamil Nadu case, which is a landmark judgment on the basic structure doctrine and the scope of fundamental rights in India:
I.R. Coelho v. State of Tamil Nadu (2007)
Citation: (2007) 2 SCC 1
Background
The case challenged the constitutional validity of certain laws placed in the Ninth Schedule of the Indian Constitution by various amendments.
The Ninth Schedule, created by the First Amendment (1951), was meant to protect laws from being challenged on the grounds of violating fundamental rights.
Over time, many laws were placed in this Schedule to prevent judicial review, especially land reform and other social welfare laws.
Petitioners argued that some laws in the Ninth Schedule violated fundamental rights guaranteed under Part III of the Constitution.
Key Issues
Whether laws placed in the Ninth Schedule after the Kesavananda Bharati judgment (1973) enjoy absolute immunity from judicial review.
Whether the basic structure doctrine limits the power of Parliament to shield laws from fundamental rights scrutiny.
To what extent the Ninth Schedule can protect laws from being challenged for violating fundamental rights.
Supreme Court Judgment
The Supreme Court held that laws placed in the Ninth Schedule after April 24, 1973 (the date of Kesavananda Bharati judgment) are subject to judicial review if they violate the basic structure of the Constitution, which includes fundamental rights.
It reaffirmed that Parliament cannot use the Ninth Schedule as a shield to bypass the basic structure doctrine.
The Court laid down that fundamental rights are a part of the basic structure, and any law violating them can be struck down even if placed in the Ninth Schedule.
The judgment marked a clear limitation on Parliament’s power to exclude laws from judicial scrutiny.
Significance
Reinforced the basic structure doctrine: Parliament’s amendments cannot alter the core constitutional principles, including fundamental rights.
Ensured judicial supremacy and protection of fundamental rights against arbitrary legislation.
Prevented misuse of the Ninth Schedule to protect unconstitutional laws.
It has far-reaching implications for constitutional amendments, land reforms, and other social welfare legislations.
Summary Table
| Aspect | Details |
|---|---|
| Case | I.R. Coelho v. State of Tamil Nadu |
| Year | 2007 |
| Key Legal Question | Validity of Ninth Schedule laws vis-à-vis fundamental rights |
| Judgment | Ninth Schedule laws post-1973 subject to judicial review |
| Doctrine Applied | Basic Structure Doctrine |
| Impact | Strengthened fundamental rights protection |
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