The landmark judgment in ‘Coelho case’ dealt with
Inclusion of Ninth Schedule under the ambit of Judicial Review
Correct AnswerLimitations of the power of pardon to President and Governors
Incorrect AnswerPower of Parliament to amend the Preamble
Incorrect AnswerConflict between certain minority religious practices and theirfundamental rights
Incorrect AnswerExplanation:
The first amendment to the Indian Constitution added theNinth Schedule to it. It was introduced to address judicial reviewdecisions especially about abridging certain fundamental rights.
The state wanted to pursue nationalisation, take away lands from thezamindars, re-distribute them, and make special provisions for thesocially and economically backward. This would have violated certainFRs, thus the need for 9th schedule to shield executive and legislativeactions from Judicial review.
I.R. Coelho by L.Rs. v. State of Tamil Nadu case raised the followingquestions: Is it permissible to make the 9th Schedule immunized from the Judicial Review of the Supreme Court? Whether the Basic Structuretest would include Judicial Review of Ninth Schedule laws on thetouchstone of Fundamental rights?
The court ruled that it is absolutely not permissible to make the NinthSchedule immunized from the Judicial Review of the Constitution.
The court said that the Doctrine of Basic Structure is the very essence ofthe Constitution of India and therefore, there cannot be any act, rules orregulations which can overrule the Basic Structure doctrine.
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