The Case of I R Coelho vs State of Tamil Nadu (2007)

August 13, 2024
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The landmark ruling in ir coelho vs state of tamil nadu is known as the IR Coelho Case. Known by many as the “9th schedule case,” the nine justices’ bench, led by Mr. Y.K. Sabharwal, the tenth Justice of India, issued a unanimous decision on January 11, 2007. Even though fundamental rights are included in the 9th schedule of the indian constitution, he supported the judiciary’s power to review and amend any law that undermines these rights in this letter.

ir coelho vs state of tamil nadu Case Facts

  • The court upheld the decision made by a nine-judge panel about the legitimacy of the basic structure theory in the Kesavananda Bharati case, which is also referred to as the ninth schedule case.
  • The court also maintained the judiciary’s authority to evaluate laws that deviate from the fundamental framework of the constitution. Thus, the debate over the applicability and legitimacy of the aforementioned theory is resolved in this way.
  • In the case of Balmadies Plantations Ltd v. State of Tamil Nadu, the Supreme Court invalidated the reserved land in the Janman Estates in the state of Tamil Nadu under the Gudalur Estates (Abolition and Conversion into Ryotwari) Act, 1969, on the grounds that it was not an agrarian reform covered by article 31a of the indian constitution.
  • As a result, the nine judges on the bench were instructed to examine the Waman Rao Decision and decide if it should be overturned.

ir coelho vs state of tamil nadu Issues

  • In the IR Coelho Case, the Supreme Court’s main concern was whether legislation included in the 9th schedule of the indian constitution would be immune to judicial review after the Keshvananda Bharati ruling, even if those laws were found to be in violation of the Constitution’s basic framework.
  • The initial purpose of the 9th schedule of the indian constitution was to make legislative improvements in the agriculture sector easier to implement. But eventually, the legislators started using it as a way around the court review procedure. A key question is how much legal immunity is granted under the 9th schedule of the indian constitution.
  • It basically shields laws put under it from judicial examination, but this judgment made it unclear if that immunity would continue even in cases where the laws were determined to violate the core principles of the Constitution.

ir coelho vs state of tamil nadu Judgment

  • The Court emphasized in the IR Coelho Case that the judiciary has a responsibility to uphold citizens’ fundamental rights. It made clear that the assembly does not have the same authority as the original Constituent Assembly under article 368 of the indian constitution. There are limitations with article 368 of the indian constitution, mainly with regard to the protection of the fundamental framework. The Court made it clear that no amendment, not even one included in the Ninth Schedule, could protect a statute that contradicts the fundamental framework of the Indian Constitution.
  • The fundamental framework, which forms the cornerstone of the Indian Constitution, was emphasized by the court in its ruling in the IR Coelho Case. It said that judicial review would be used to overturn any legislation or amendment that conflicted with Part 3 of the Indian Constitution, regardless of whether it was included in the Ninth Schedule.
  • In the IR Coelho Case, the Court established the “effect and impact” test, which states that while evaluating the legitimacy of a constitutional amendment, consideration should be given to its effects on the entire document rather than just the section being changed. It emphasized that any changes made to the Constitution after April 24, 1973, had to be consistent with its fundamental principles, which are represented in Articles 21, 14, and 19.
  • In the IR Coelho Case, the Court further underlined that no statute is immune from judicial examination, as it is an essential component of the fundamental framework. The Court maintained the legitimacy of the Ninth Schedule, but it also made it plain that any law added after April 24, 1973, to the Ninth Schedule that contradicts Article 21, Article 19, Article 14, and their guiding principles may be legally challenged.

The ruling has reinforced the idea of basic structure doctrine in a constitutional framework so complex that it occasionally requires new modifications. The significance of judicial review was underlined once more because it is a powerful instrument for defending individual rights. The ninth schedule was only meant to introduce land reforms, but it quickly lost its purpose and turned into a weapon in the hands of the legislature, which misused its authority. Through this case, the judiciary made it quite clear that anything that violates the fundamental framework will be overturned. removing the barrier that emphasized the fundamental structure doctrine in the process.

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