← All questionsGS2 · 2016 · Polity & Constitution ·Coelho Case and Judicial Review
MAINS 2016
GS2
12.5 marks

What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution?

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9 min
200 words

What the examiner wants

State the holding of I.R. Coelho (2007) and argue whether judicial review is central among basic features.

What... Can you sayAnswer exactly what the question asks.

Demand-wise check

  1. 1Coelho holding: laws placed in the Ninth Schedule after 24 April 1973 are open to review if they damage the basic structure, including rights in Articles 14, 19, 21≈35 words
  2. 2Background: Article 31B and First Amendment; Kesavananda date as cut-off≈35 words
  3. 3Judicial review as key: guards all other basic features; Minerva Mills, L. Chandra Kumar, NJAC case≈35 words
  4. 4Balance: judicial restraint and parliamentary sovereignty concerns≈35 words

Open in about 30 words and close in about 30.

Answer plan

Ninth Schedule backgroundCoelho holdingWhy judicial review is the keystone (cases)Caution on overreachConclusion

Where marks usually go

  • Getting the cut-off date wrong or omitting it
  • Not answering the second part with reasons

Draw this

  • Timeline: 1951 Art 31B → 1973 Kesavananda → 1980 Minerva → 2007 Coelho

Value addition

  • CaseI.R. Coelho v State of Tamil Nadu (2007, nine judges): post-24 April 1973 Ninth Schedule laws are subject to the basic structure test.Supreme Court, 2007
  • CaseL. Chandra Kumar (1997): judicial review under Articles 32 and 226 is part of the basic structure.Supreme Court, 1997
  • CaseSupreme Court Advocates-on-Record Assn (2015) struck down the 99th Amendment (NJAC) to protect judicial independence.Supreme Court, 2015

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