सं Samvidhan

Amending power & basic structure

I.R. Coelho v. State of Tamil Nadu

Supreme Court of India · 2007 · (2007) 2 SCC 1

Before this case, governments could try to make controversial laws immune from court challenge simply by adding them to the Ninth Schedule of the Constitution. This judgment said that trick no longer fully works: even Ninth Schedule laws can be struck down if they violate core fundamental rights that form the Constitution's basic structure. This strengthened protection of citizens' fundamental rights against legislative attempts to bypass judicial review. It reinforced that no law, however labeled, can escape the courts' power to protect basic rights.

The story

The facts

The case arose from Tamil Nadu's Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, which had earlier been struck down by courts as violating fundamental rights, after which the State got it inserted into the Ninth Schedule to shield it from judicial review. The petitioners challenged the constitutional validity of such post-Kesavananda Ninth Schedule insertions, arguing they destroyed the basic structure by ousting fundamental rights scrutiny. A nine-judge Bench was constituted to authoritatively settle the scope of Article 31B's immunity after the 1973 Kesavananda Bharati ruling.

The question before the court

Whether laws inserted into the Ninth Schedule after 24 April 1973 (the date of the Kesavananda Bharati judgment) are entitled to full immunity from judicial review under Article 31B, or whether they remain open to challenge if they violate fundamental rights forming part of the basic structure.

The holding

A nine-judge Bench held that Article 31B does not confer blanket immunity on laws placed in the Ninth Schedule; every such law, particularly those added after 24 April 1973, is open to challenge on the ground that it damages or destroys the basic structure of the Constitution, including by abrogating fundamental rights such as those under Articles 14, 19 and 21. The Court ruled that the rights test and the essence-of-rights test must be applied to Ninth Schedule laws, and judicial review itself being part of the basic structure cannot be excluded. Laws already upheld before 24 April 1973 need not be re-examined individually, but subsequent additions must satisfy the basic structure test, including the rights test.

The principle it stands for

Parliament's power to amend the Constitution, including through Ninth Schedule insertions, is subject to the basic structure doctrine, and fundamental rights that constitute part of that basic structure cannot be abrogated merely by placing a law beyond judicial scrutiny under Article 31B. Post-Kesavananda Ninth Schedule laws must be tested against the impact on fundamental rights and the basic structure, not merely their formal inclusion in the Schedule.

Provisions this case shaped

AI-assisted summary from public records. Read the full judgment on Indian Kanoon.