Y. K. SABHARWAL, ASHOK BHAN, ARIJIT PASAYAT, B. P. SINGH, S. H. KAPADIA, C. K. THAKKER, P. K. BALASUBRAMANYAN, ALTAMAS KABIR, D. K. JAIN
I. R. Coelho (Dead) by Lrs. – Appellant
Versus
State Of T. N. – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The protection conferred by Article 31-B to laws added to the Ninth Schedule after a specific date is not absolute and must be tested against the basic or essential features of the Constitution, particularly those reflected in Articles 21, 14, 19, and their underlying principles (!) (!) .
Amendments to the Constitution that include laws in the Ninth Schedule after the specified date are subject to judicial review if they infringe on fundamental rights or damage the basic structure of the Constitution. Such laws can be challenged on the grounds of violation of Part III rights if they impact the core values of the Constitution (!) (!) (!) .
The doctrine of basic structure limits the Parliament's power to amend the Constitution. While the power to amend exists, it is constrained by the need to preserve the fundamental features, including fundamental rights, rule of law, separation of powers, and equality (!) (!) (!) .
Laws included in the Ninth Schedule after the specified date do not enjoy blanket immunity from judicial review. Their validity depends on whether they uphold or violate the basic structure, especially fundamental rights. Every such law must be individually examined for its impact on the Constitution's core principles (!) (!) .
The inclusion of laws in the Ninth Schedule, especially post the critical date, does not remove the Court’s jurisdiction to review their constitutionality. The laws can be scrutinized for their effects on fundamental rights and the basic structure, and laws that damage or destroy these core features are liable to be invalidated (!) (!) .
The power to amend the Constitution is not unlimited. It is derived within the constraints of the basic structure doctrine. The amendments must not alter the fundamental identity of the Constitution or infringe upon its core principles, including fundamental rights and separation of powers (!) (!) .
The process of judicial review remains an essential safeguard to ensure that laws, whether in the form of amendments or laws placed in the Ninth Schedule, do not violate the essential features of the Constitution. The Court must evaluate the impact of such laws on the fundamental rights and the basic structure (!) (!) .
The validity of laws placed in the Ninth Schedule after the specified date can be challenged if they infringe on the core principles of the Constitution, especially if they damage the fundamental rights or alter the basic structure. Laws previously upheld are not immune from future challenge if their impact changes or violates these core principles (!) .
The Court emphasizes the importance of a synoptic view of the Constitution, considering the interconnectedness of fundamental rights, rule of law, separation of powers, and equality, when evaluating the validity of amendments or laws in the Ninth Schedule (!) (!) (!) .
The Court recognizes that the doctrine of basic structure is an axiom that limits the scope of the Parliament’s amending power. Any exercise of this power that results in the destruction of the core features of the Constitution is unconstitutional and invalid (!) (!) .
The Court's role is to uphold the constitutional scheme by ensuring that laws or amendments do not infringe upon or damage the basic features, especially fundamental rights, judicial review, and separation of powers. This includes scrutinizing laws in the Ninth Schedule for their impact on these core principles (!) (!) (!) .
In conclusion, the Court holds that laws placed in the Ninth Schedule after the critical date are subject to the same rigorous standards of constitutional scrutiny as other laws, particularly with regard to their impact on the basic structure and fundamental rights. Any law found to violate these core principles can be declared invalid, maintaining the integrity of the Constitution's foundational values (!) (!) .
These points collectively highlight that the immunity traditionally associated with laws in the Ninth Schedule is limited by the fundamental principles of the Constitution, and judicial review remains a vital mechanism to protect its core features.
JUDGMENT
Y.K. Sabharwal, CJI.—In these matters we are confronted with a very important yet not very easy task of determining the nature and character of protection provided by Article 31-B of the Constitution of India, 1950 (for short, the Constitution) to the laws added to the Ninth Schedule by amendments made after 24th April, 1973. The relevance of this date is for the reason that on this date judgment in His Holiness Kesavananda Bharati, Sripadagalvaru v. State of Kerala & Anr. [(1973) 4 SCC 225] was pronounced propounding the doctrine of Basic Structure of the Constitution to test the validity of constitutional amendments.
Re : Order of Reference
2. The order of reference made more than seven years ago by a Constitution Bench of Five Judges is reported in I.R. Coelho (Dead) by LRs. v. State of Tamil Nadu [(1999) 7 SCC 580] (14.9.1999). The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (the Janmam Act), insofar as it vested forest lands in the Janmam estates in the State of Tamil Nadu, was struck down by this Court in Balmadies Plantations Ltd. & Anr. v. State of Tamil Nadu [(1972) 2 SCC 133] because this was not found to be a measure of agrarian refor
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