The IX Schedule once a veil for reforms. Discuss the Constitutional distribution of limited parliament that used the significance of IX Coelho judgment.
Main Body
IX Schedule of Indian Constitution provides for saving the laws included in Article 31-B from getting challenged in courts of law, i.e from judicial review. IX Schedule: 1) Originally it was created by 1st Constitutional Amendment act to promote social justice. Laws related to land reform were added into it. 2) Over the years the number of laws increased to more than 200 and many significant laws like Tamil Nadu reservation act were added into it. IR Coelho judgment: i In this case, SC said that laws placed in 9th schedule after April 24, 1973 are open to judicial review on the grounds of violation of Article 14, 15, 19, 21 and basic structure.
Significance of judgement: (1) Basic Structure: This strengthened the doctrine of basic structure as SC said that judicial review is basic feature of constitution. (2) Hierarchy of rights: SC classified that there is no hierarchy in fundamental rights and all rights are equally important. (3) Effect and Impact test i.e 'Rights test': SC innovated this test which said that not only form of law but the impact of law will be tested. (4) Constitutionalism: This case upheld the principle of 'limited government' & strengthened democracy. Through this judgement legislature should learn that any law should be carefully made with wider consultation of all stakeholders so that it does not need the shield of 9th Schedule and every if needed it should be used only in interest of case.
Abhishek Singh
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Amendments
Ninth Schedule
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