Q6. 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?

Model Answer:

Introduction

The Coelho case, formally known as I.R. Coelho v. State of Tamil Nadu (2007), builds upon the foundational principles established in the Keshavananda Bharati v. State of Kerala (1973) case, particularly concerning the Basic Structure Doctrine. This doctrine asserts that certain fundamental features of the Constitution cannot be altered or destroyed by amendments, ensuring the preservation of democratic values and individual rights.

Body

In the Coelho case, the Supreme Court addressed the Tamil Nadu Land Reforms (Second Amendment) Act, 2006, which sought to invalidate judicial decisions regarding land ownership. The Court ruled that legislative amendments impacting fundamental rights are subject to judicial scrutiny under the Basic Structure Doctrine. This ruling underscored that any law infringing upon the fundamental rights of citizens cannot be enacted if it violates the Constitution’s basic structure.

Judicial review, a key aspect of this doctrine, is crucial for several reasons:

1. Protection of Fundamental Rights: Judicial review enables the judiciary to protect individual rights against arbitrary state actions. It acts as a safeguard, ensuring that legislative and executive decisions adhere to constitutional principles.
2. Checks and Balances: By allowing the judiciary to assess the legality of actions taken by the legislature and executive, judicial review maintains the balance of power among the three branches of government. This is essential for preventing the concentration of power and preserving democratic governance.
3. Accountability and Transparency: Judicial review promotes accountability in governance by ensuring that government actions are subject to legal standards. This transparency fosters trust in public institutions.
4. Rule of Law: By ensuring that all actions of the state conform to legal norms, judicial review upholds the rule of law, preventing arbitrary governance and ensuring justice.

Conclusion

In conclusion, the Coelho case reaffirms the critical importance of judicial review as part of the Constitution's Basic Structure. It serves as a vital mechanism for protecting fundamental rights, maintaining checks and balances, and promoting accountability, thus safeguarding the democratic framework of India.

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