6. 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?(CSE Mains 2016)GS-II 2016

6. 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?(CSE Mains 2016)GS-II 2016

IR Coelho vs State of Tamil Nadu called into question the constitutional validity of IX schedule of Indian Constitution. IX schedule provided exceptions to legislations placed in it from Judicial review. Supreme Court held that the laws placed under IX schedule after Kesavananda Bharati judgment (24th April 1973 ) cannot be exempt from Judicial review.

The court in Keshvananda Bharati case evolved the basic structure Doctrine .It held that the amending power of Parliament under article 368 was not unlimited .It held the Parliament can amend the constitution only without destroying it's  basic structure. Judicial review had been recognised as one of the basic features of Indian Constitution.

Judicial review is implicitly provided by article 13 (2) and explicitly provided in article 32 and article 226. These provisions empower the court to review legislation and decide on their constitutionality. If any law and order is in contravention to the constitutional provisions the courts can declare them null and void to such an extent.  

In India, constitution is supreme since India is a constitutional democracy. British system used primacy to Parliament. But in India constitution is the source of power for parliament. Indian constitution has provided for a system of checks and balance  between legislative, executive and judicial action.

Our constitution makers have interested the court with the power to review and verify the constitutionality of parliamentary and executive action. The constitution provides and effective check on on arbitrary action. Since IX schedule had circumvented this important provisions the courts concluded that it as contrary to the constitutional design.

Ambedkar had fighted article 32 at the heart of Indian Constitution. Without the power of judicial review the courts would not be able to enforce the fundamental rights or check infringements on them. Judicial review has become and important feature of Indian Constitution. It has provided Avenue for judicial activism as well. At times of legislative and executive apathy, Judiciary has played important role in Indian democratic set up.