Subject: Indian Polity

The I.R. Coelho v. State of Tamil Nadu (2007) case represents a landmark judgment that reinforced the supremacy of basic structure doctrine and established crucial parameters for judicial review of laws placed in the Ninth Schedule of the Indian Constitution.

Key Findings of Coelho Case

• The Supreme Court unanimously held that laws placed in the Ninth Schedule after April 24, 1973 would be open to judicial scrutiny if they violate fundamental rights or the basic structure of the Constitution.

• The Court established a two-fold test for examining the validity of laws:

  • Whether the law violates fundamental rights.
  • Whether the violation impacts the basic structure of the Constitution.

• It reaffirmed that Parliament's power to amend the Constitution under Article 368 is subject to the basic structure doctrine.

Judicial Review as a Basic Feature

• Constitutional Significance: Judicial review serves as a cornerstone of constitutional democracy by ensuring checks and balances on legislative and executive actions.

• Rights Protection: It acts as the guardian of fundamental rights by examining the constitutional validity of laws and administrative actions (Example: Striking down Section 66A of IT Act in Shreya Singhal case).

• Basic Structure Elements: Judicial review is intrinsically connected to other basic features like:

  • Rule of law.
  • Separation of powers.
  • Constitutional supremacy.
  • Democratic governance.

• Constitutional Harmony: It helps maintain the balance between parliamentary sovereignty and constitutional supremacy through interpretation of laws.

The Coelho judgment reinforced the principle that judicial review is not just a basic feature but a crucial mechanism for preserving India's constitutional democracy. The case exemplifies how the Supreme Court, through its power of judicial review, continues to safeguard the Constitution's basic structure and fundamental rights against legislative encroachment, making it an indispensable feature of our constitutional framework.