IR Coelho v State of Tamil Nadu

Facts

• The Tamil Nadu Legislature enacted various land reform laws and placed them in the Ninth Schedule through constitutional amendments
• IR Coelho and others challenged the validity of these enactments as violating fundamental rights
• The State argued that inclusion in the Ninth Schedule under Art.31B provided complete immunity from challenge under Part III
• The matter was referred to a nine-judge bench to settle the extent of Ninth Schedule protection

Issue

1. Whether laws placed in the Ninth Schedule after 24 April 1973 are immune from judicial review on the ground that they violate fundamental rights forming part of the basic structure.

Held

• Laws placed in the Ninth Schedule after 24 April 1973 are open to judicial review
• The basic structure doctrine applies to all constitutional amendments, including those adding laws to the Ninth Schedule
• If a Ninth Schedule law violates fundamental rights that form part of the basic structure (such as Arts.14, 19, and 21), it can be struck down
• The golden triangle (Arts.14, 19, and 21) forms part of the basic structure
• Laws placed in the Ninth Schedule before 24 April 1973 remain protected as per Kesavananda Bharati

Ratio Decidendi

The constitutional protection afforded by Art.31B and the Ninth Schedule is not absolute for laws inserted after 24 April 1973. Such laws must satisfy the basic structure test, and where they abrogate fundamental rights forming part of the basic structure (particularly Arts.14, 19, 21 read together), they are liable to be struck down.