GS 2 · 2016Indian Polity12 Marks

Q15.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?

Directive: Explain12 marks

Introduction

The I.R. Coelho case (2007) clarified the scope of judicial review for laws in the Ninth Schedule.

Key Holdings of the Coelho Case

  • Laws added to the Ninth Schedule post-April 24, 1973, are subject to judicial review.
  • They can be challenged for violating the Constitution's 'basic structure,' including fundamental rights, rule of law, and separation of powers.
  • The ruling denied blanket immunity for Ninth Schedule laws, reinforcing constitutional supremacy.

Judicial Review as a Basic Feature

Coelho firmly established judicial review as a basic structure cornerstone, preventing abrogation of fundamental constitutional principles.

  • It vitally checks legislative and executive power, safeguarding fundamental rights and maintaining the balance of power.
  • This oversight is indispensable for upholding democratic and constitutional values, confirming judicial review's key basic feature status.

Conclusion

Coelho thus solidified judicial review's essential role in preserving the Constitution's foundational principles and protecting rights.

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