I.R. Coelho v. State of Tamil Nadu
E545541
I.R. Coelho v. State of Tamil Nadu is a landmark 2007 Supreme Court of India judgment that reaffirmed and strengthened the basic structure doctrine by holding that even laws placed in the Ninth Schedule are subject to judicial review if they violate the Constitution’s fundamental framework.
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
Supreme Court of India judgment
ⓘ
landmark constitutional law case ⓘ |
| alsoKnownAs |
Coelho case
NERFINISHED
ⓘ
IR Coelho case NERFINISHED ⓘ |
| benchStrength | 9 judges ⓘ |
| benchType | Constitution Bench NERFINISHED ⓘ |
| citation | (2007) 2 SCC 1 ⓘ |
| concernedProvision |
Article 31B of the Constitution of India
NERFINISHED
ⓘ
Ninth Schedule of the Constitution of India NERFINISHED ⓘ fundamental rights under Part III of the Constitution of India ⓘ |
| constitutionalPrincipleReaffirmed |
judicial review as part of the basic structure
ⓘ
limited amending power of Parliament ⓘ supremacy of the Constitution ⓘ |
| country | India ⓘ |
| court | Supreme Court of India NERFINISHED ⓘ |
| decisionDate | 2007-01-11 ⓘ |
| decisionType | unanimous judgment ⓘ |
| effectOnNinthSchedule | subjected post-1973 Ninth Schedule laws to basic structure review ⓘ |
| impact |
clarified scope of protection available to laws under Article 31B
ⓘ
strengthened judicial review over socio-economic legislation in the Ninth Schedule ⓘ |
| judge |
A. R. Lakshmanan
NERFINISHED
ⓘ
B. N. Srikrishna NERFINISHED ⓘ C. K. Thakker NERFINISHED ⓘ D. K. Jain NERFINISHED ⓘ K. G. Balakrishnan NERFINISHED ⓘ P. K. Balasubramanyan NERFINISHED ⓘ S. H. Kapadia NERFINISHED ⓘ Tarun Chatterjee NERFINISHED ⓘ Y. K. Sabharwal NERFINISHED ⓘ |
| jurisdiction | India NERFINISHED ⓘ |
| keyHolding |
fundamental rights forming part of the basic structure cannot be abrogated even by Ninth Schedule placement
ⓘ
immunity under Article 31B is not absolute ⓘ laws in the Ninth Schedule that damage or destroy the basic structure of the Constitution can be struck down ⓘ laws placed in the Ninth Schedule after 24 April 1973 are subject to judicial review ⓘ the basic structure doctrine applies to constitutional amendments placing laws in the Ninth Schedule ⓘ |
| languageOfJudgment | English ⓘ |
| leadJudge | Y. K. Sabharwal NERFINISHED ⓘ |
| legalArea |
basic structure doctrine
NERFINISHED
ⓘ
constitutional law ⓘ |
| originatingState | Tamil Nadu NERFINISHED ⓘ |
| relatedCase |
Kesavananda Bharati v. State of Kerala
NERFINISHED
ⓘ
Minerva Mills Ltd. v. Union of India NERFINISHED ⓘ Waman Rao v. Union of India NERFINISHED ⓘ |
| relatedDoctrine | basic structure doctrine ⓘ |
| subjectMatter | validity of placing state land reform and other laws in the Ninth Schedule ⓘ |
| temporalCutoffDate | 1973-04-24 ⓘ |
| temporalCutoffEvent | Kesavananda Bharati judgment date ⓘ |
| yearOfDecision | 2007 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.