Question

Which of these judgments made a significant change in the nature of ninth schedule of the Constitution by limiting its immunity?

• A. Charan Lal Sahu v Union of India
• B. Kesavananda Bharati v State of Kerala
• C. I. R. Coelho v State of Tamil Nadu
• D. Glanrock Estate Pvt Ltd v State of Tamil Nadu

Hint:

The I.R. Coelho case is also widely known as the "Ninth Schedule Case."
It successfully established that even constitutional amendments inserting laws into the Ninth Schedule must satisfy the basic structure test.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks us to identify the specific landmark judgment that limited the absolute constitutional immunity previously enjoyed by laws placed under the Ninth Schedule.

Step 2: Key Concepts and Approach:
The Ninth Schedule, along with Article 31B, was introduced by the First Constitutional Amendment Act in 1951 to shield agrarian reform laws from challenges based on Fundamental Rights.
Over time, Parliament began using this schedule to shield various other laws from judicial review.
We must identify the ruling that subjected these laws to the test of the Basic Structure.

Step 3: Detailed Explanation:

• Purpose of Article 31B: Article 31B created a blanket immunity, stating that none of the acts placed in the Ninth Schedule could be declared void on the ground of inconsistency with Fundamental Rights.

• I.R. Coelho v. State of Tamil Nadu (2007): A 9-judge bench of the Supreme Court addressed the validity of this absolute immunity.

• The Core Ruling: The Court held that judicial review is a basic feature of the Indian Constitution, and Parliament cannot use the Ninth Schedule to bypass this review.

• The Cutoff Rule: Any law placed in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) is open to judicial challenge.

• The Test: If a Ninth Schedule law violates Articles 14, 19, or 21, and such violation damages the Basic Structure, it will be declared unconstitutional.

Step 4: Final Answer:
The judgment that limited the immunity of the Ninth Schedule is I. R. Coelho v. State of Tamil Nadu.