Question
The Ninth Schedule of the Constitution originally
protected laws from challenge under Chapter III (Fundamental Rights). Which of the following landmark cases explicitly confined the scope of Ninth Schedule immunity by reference to the basic structure?Solution
The decision in I.R. Coelho v. State of Tamil Nadu (2007) is a landmark in constitutional jurisprudence concerning the Ninth Schedule. The Supreme Court held that any law placed in the Ninth Schedule after 24 April 1973 is subject to basic structure review. The Court reasoned that judicial review itself is a basic feature and cannot be nullified through constitutional devices. This judgment reconciled earlier decisions such as Waman Rao and ensured that Parliament cannot revive unconstitutional laws by merely inserting them into the Ninth Schedule. The ruling reaffirmed the supremacy of the Constitution over parliamentary strategy.
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