ValkyaEditorial

Tagged “article-31b”

1 article on article-31b.

Landmark JudgmentSupreme Court of India

I.R. Coelho v. State of Tamil Nadu: how the Ninth Schedule was brought within the basic structure

On 11 January 2007, a nine-judge Constitution Bench unanimously held that any law inserted into the Ninth Schedule of the Constitution after 24 April 1973 — the date of the Kesavananda Bharati judgment — is open to judicial scrutiny on the ground that it violates the basic structure or the Fundamental Rights forming part of the basic structure. The judgment closes the doctrinal loop that Kesavananda had opened: the Ninth Schedule cannot operate as a constitutional refuge from the basic structure doctrine.

Valkya Editorial··9 min