TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

    Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

    EU Leaders to Visit India as Chief Guests at 77th Republic Day Celebrations

    EU Leaders to Visit India as Chief Guests at 77th Republic Day Celebrations

    Cows, Conservation and Culture: PM Modi’s Makar Sankranti Gesture Highlights the Rare Punganur Breed

    Cows, Conservation and Culture: PM Modi’s Makar Sankranti Gesture Highlights the Rare Punganur Breed

    Mamata Banerjee at the Center as Supreme Court Intervenes in Bengal ED Controversy

    Mamata Banerjee at the Center as Supreme Court Intervenes in Bengal ED Controversy

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Safeguarding Your Business Growth: Protecting Your Assets, Relationships, and Success

    Safeguarding Your Business Growth: Protecting Your Assets, Relationships, and Success

    Best LEI Registration Services in India Reviewed 2026

    Best LEI Registration Services in India Reviewed 2026

    How Wealth Managers Manage Risk During Market Volatility?

    How Wealth Managers Manage Risk During Market Volatility?

    US Court Served Justice to Byju Raveendran by Reversing $1B Penalty: What’s Next for January 2026?

    US Court Served Justice to Byju Raveendran by Reversing $1B Penalty: What’s Next for January 2026?

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

    Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

    Army Day Parade in Jaipur

    Indigenous Drones Lead Massive Display of Firepower at Jaipur Army Day Parade

    Navy Ship

    Indian Navy Eyes Historic Fleet Expansion as 19 Warships Set for 2026 Induction

    Representational Picture

    Arihant-Class Nuclear Submarine S4* Likely to Be Named INS Arisudan

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Trump Urges Iranians to ‘Keep Protesting'

    Trump Urges Iranians to ‘Keep Protesting, Take Over Institutions,’ Says ‘Help Is on Its Way’

    Trump Imposes Tariffs on Iran’s Trade Allies

    Trump Imposes Tariffs on Iran’s Trade Allies — What It Means for India

    PM Modi and President Trump

    Trump Turns the Trade Screw on India, While Washington’s Hemisphere Threats Grow Louder

    Iran Anti-Regime Protesters Set Fire to the Statue of Qasem Soleimani

    Iran Anti-Regime Protesters Set Fire to the Statue of Qasem Soleimani

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    When UFOs Swarmed Washington

    When UFOs Swarmed Washington: Why America’s Oldest Aerial Mystery Is Back

    From Shaheedi to Silence: Remembering the Sikh Gurus While Punjab Quietly Changes Its Faithscape

    From Shaheedi to Silence: Remembering the Sikh Gurus While Punjab Quietly Changes Its Faithscape

    Veer Bal Diwas: Christmas and New Year’s celebrations are all right but let us not forget the sacrifices of the Sahibzadas

    Veer Bal Diwas: Christmas and New Year’s celebrations are all right but let us not forget the sacrifices of the Sahibzadas

    How Atal Bihari Vajpayee Carried Hindi to the United Nations, Amplified India’s Voice on Global Stage

    How Atal Bihari Vajpayee Carried Hindi to the United Nations, Amplified India’s Voice on Global Stage

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    PSLV’s Launch

    PSLV’s 2nd Consecutive Failure: What Went Wrong, Why It Happened, and What India Lost

    Waiting Sucks: The Real Scoop on the Fastest Withdrawal Online Casinos in Ontario

    Waiting Sucks: The Real Scoop on the Fastest Withdrawal Online Casinos in Ontario

    India’s First Hydrogen Train Set to Run on Jind–Sonipat Route

    India’s First Hydrogen Train Set to Run on Jind–Sonipat Route

    Top NBA Games of 2026: What Asian Fans Are Excited to Watch

    Top NBA Games of 2026: What Asian Fans Are Excited to Watch

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

    Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

    EU Leaders to Visit India as Chief Guests at 77th Republic Day Celebrations

    EU Leaders to Visit India as Chief Guests at 77th Republic Day Celebrations

    Cows, Conservation and Culture: PM Modi’s Makar Sankranti Gesture Highlights the Rare Punganur Breed

    Cows, Conservation and Culture: PM Modi’s Makar Sankranti Gesture Highlights the Rare Punganur Breed

    Mamata Banerjee at the Center as Supreme Court Intervenes in Bengal ED Controversy

    Mamata Banerjee at the Center as Supreme Court Intervenes in Bengal ED Controversy

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Safeguarding Your Business Growth: Protecting Your Assets, Relationships, and Success

    Safeguarding Your Business Growth: Protecting Your Assets, Relationships, and Success

    Best LEI Registration Services in India Reviewed 2026

    Best LEI Registration Services in India Reviewed 2026

    How Wealth Managers Manage Risk During Market Volatility?

    How Wealth Managers Manage Risk During Market Volatility?

    US Court Served Justice to Byju Raveendran by Reversing $1B Penalty: What’s Next for January 2026?

    US Court Served Justice to Byju Raveendran by Reversing $1B Penalty: What’s Next for January 2026?

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

    Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

    Army Day Parade in Jaipur

    Indigenous Drones Lead Massive Display of Firepower at Jaipur Army Day Parade

    Navy Ship

    Indian Navy Eyes Historic Fleet Expansion as 19 Warships Set for 2026 Induction

    Representational Picture

    Arihant-Class Nuclear Submarine S4* Likely to Be Named INS Arisudan

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Trump Urges Iranians to ‘Keep Protesting'

    Trump Urges Iranians to ‘Keep Protesting, Take Over Institutions,’ Says ‘Help Is on Its Way’

    Trump Imposes Tariffs on Iran’s Trade Allies

    Trump Imposes Tariffs on Iran’s Trade Allies — What It Means for India

    PM Modi and President Trump

    Trump Turns the Trade Screw on India, While Washington’s Hemisphere Threats Grow Louder

    Iran Anti-Regime Protesters Set Fire to the Statue of Qasem Soleimani

    Iran Anti-Regime Protesters Set Fire to the Statue of Qasem Soleimani

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    When UFOs Swarmed Washington

    When UFOs Swarmed Washington: Why America’s Oldest Aerial Mystery Is Back

    From Shaheedi to Silence: Remembering the Sikh Gurus While Punjab Quietly Changes Its Faithscape

    From Shaheedi to Silence: Remembering the Sikh Gurus While Punjab Quietly Changes Its Faithscape

    Veer Bal Diwas: Christmas and New Year’s celebrations are all right but let us not forget the sacrifices of the Sahibzadas

    Veer Bal Diwas: Christmas and New Year’s celebrations are all right but let us not forget the sacrifices of the Sahibzadas

    How Atal Bihari Vajpayee Carried Hindi to the United Nations, Amplified India’s Voice on Global Stage

    How Atal Bihari Vajpayee Carried Hindi to the United Nations, Amplified India’s Voice on Global Stage

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    PSLV’s Launch

    PSLV’s 2nd Consecutive Failure: What Went Wrong, Why It Happened, and What India Lost

    Waiting Sucks: The Real Scoop on the Fastest Withdrawal Online Casinos in Ontario

    Waiting Sucks: The Real Scoop on the Fastest Withdrawal Online Casinos in Ontario

    India’s First Hydrogen Train Set to Run on Jind–Sonipat Route

    India’s First Hydrogen Train Set to Run on Jind–Sonipat Route

    Top NBA Games of 2026: What Asian Fans Are Excited to Watch

    Top NBA Games of 2026: What Asian Fans Are Excited to Watch

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

I R Coelho v. State of Tamil Nadu: Judicial demolition of Nehru’s mandated Legislative Overreach & Contemporary Challenges

IXth Schedule: Battle turf between the Legislature & Judiciary

Shivam Jaiswal by Shivam Jaiswal
23 November 2022
in Law
I R Coelho v. State of Tamil Nadu: Judicial demolition of Nehru’s mandated Legislative Overreach & Contemporary Challenges
Share on FacebookShare on X

Even a fender bender among politicians can have long term ramifications for the State. The recent comment made by the young LJP leader Chirag Paswan to incorporate reservation schemes under the purview of the 9th Schedule at the national stage.

To take his comments in light of the Supreme Court ruling that reservation in the matter of promotions in public posts was not a fundamental right, and that a state cannot be compelled to offer quota, if it intends otherwise. The statement, however, has rekindled the long settled tussle between the politicians and the members of the judiciary.

RelatedPosts

Delhi Riots: SC Denies Bail to Umar Khalid, Sharjeel Imam Even as Mamdani, US Lawmakers Push ‘Khalid Toolkit’

‘Abuse of Free Speech Not Protected’: Supreme Court Denies Pre-Arrest Bail to Man Over Defamatory Social Media Post on PM Modi

SC Dismisses Plea Seeking Inquiry Into Fees Charged By MP Advocate General In Nursing Council Case

Load More

IXth Schedule: Battle turf between the Legislature & Judiciary

The tussle between the two wings of the government, namely, the judiciary and the legislature, dates back to the Nehruvian era. The IXth Schedule is a magnum opus of Nehruvian autocracy, as it was used as a tool by the legislature of the time to curtail the power of the judiciary with respect to reviewing the constitutionality of a law passed by the centre and state governments alike. The dispute was finally settled in the case of I.R. Coelho v. State of Tamil Nadu.

Therefore, the legal perspectives of the 9th Schedule and the power of Judicial Review incidental to it, as highlighted in the historic IR Coelho v. State of Tamil Nadu judgment, need to be revisited.

Also read: 1st Constitutional Amendment: How Nehru sowed the seeds of communism

I.R. Coelho v State of Tamil Nadu

Famously known as the Ninth Schedule Case, this unanimous judgement of a 9-judge bench of the Supreme Court, led by Chief Justice Sabharwal, is a masterpiece in itself. In this case, a reference was made by a 5-judge Constitution Bench in 1999 after the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969, was struck down by the Supreme Court in Balmadies Plantations Ltd. & Anr. vs. State of Tamil Nadu.

The Constitution Bench, in its referral, noted that, according to the Waman Rao Case, the insertion of amendments in the Constitution after the Kesavananda Bharati Case by inserting new laws into the Ninth Schedule can be challenged on the ground that they are violative of the fundamental rights provided in Articles 14, 19, and 31.

Also read: 1984, Indian Express Newspaper Vs. Union of India: When Indian Express lost the price battle in court

Findings of the 9-Judges Bench

The Supreme Court in its I.R. Coelho judgement upheld the validity of the Doctrine of Basic Structure propounded in the Kesavananda Bharati Case. Further, the Court also upheld the power of the Judiciary to review any such law that, in its opinion, would in any way destroy the basic structure of the Constitution.

The case prominently deals with the 9th Schedule and Articles 31A and 31B of the Constitution. The basic premise is that the 9th Schedule contains a list of federal and state laws that cannot be challenged in court. It was added by the Nehru government through the Constitution (First Amendment) Act, 1951.

The first amendment added 13 laws to this schedule. Subsequent amendments over the years have brought the total number of protected laws to 284 currently. These amendments added a list of the laws that were preserved from judicial scrutiny.

Setting the record straight, the Supreme Court ended the controversy regarding the validity and implementation of the basic structure doctrine. The Apex Court took the view that the “class of laws” under the 9th Schedule are protected from judicial scrutiny only to the point that they are not violative of the basic structure of the Constitution.

That is to say, no act under the 9th Schedule is good at law if it is in any manner prejudiced against the fundamental rights enshrined under the Constitution.

Also read: EWS Reservation not a contravention of Indra Sawhney vs. Union of India (1992)

Ramifications of the Judgment

The I.R. Coelho judgement is accredited with further solidifying the concept of basic structure doctrine, thereby providing appropriate checks and balances on the power of the legislature to amend the constitution.

For decades in the past, the governments of the “Nehruvian Dynasty” effectively used the 9th Schedule to curb the judicial review powers of the Supreme Court, and the domino effect trickled down to states as well, which overreached into the space of the judiciary. As a countermeasure, the judiciary came up with the judgement in this landmark case.

However, the critics of the I.R. Coelho judgement hit upon it as a divergence from the vision of the Constituent Assembly that gave us the constitution. This judgement is accused of fortifying in the legal system the “Doctrine of the Basic Structure,” which finds no textual backing in the Constitution of India.

Contemporary Challenges

The political landscape has rekindled the debate around the 9th Schedule of the Constitution of India. Taking the lead upfront, the Congress supported government headed by the Chief Minister Hemant Soren recently cleared a Bill to raise the total reservation in State of Jharkhand.

The Jharkhand Assembly passed a Bill to raise the total reservation for Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC) in State government posts to up to 77%. The said reservation contravenes the 50 % ceiling limit set by the Supreme Court in the landmark 1992 Indra Sawhney v Union of India verdict.

Also read: 1932 Domicile Policy, 77% reservation: Soren rings the death knell for himself

On the contrary, it is in tune with the Supreme Court Constitution Bench’s majority ruling in the Economically Weaker Section (EWS) case that held the 50% cap on the reservation to be not sacrosanct.

To surmount any future litigation in the future, the Jharkhand government retorted to the age-old trick of the Nehruvian era of placing the legislation in the Ninth Schedule to shield it from judicial scrutiny by passing a resolution in this favor.

That is to say, if the judiciary takes down the law in the future, it would reignite the tussle between the judiciary and the legislature.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=SxxNUkh7OWU

Tags: 9th ScheduleApex CourtBasic structure DoctrineChief Minister Hemant SorenChirag PaswanFirst AmendmentI.R. Coelho JudgmentIndra Sawhney v Union of India verdictJharkhandNehruvian DynastySupreme Court
ShareTweetSend
Previous Post

Pallekele International Cricket Stadium – History and Overview

Next Post

JSCA international stadium complex – History and overview

Related Posts

Byju Raveendran’s $1.07B Judgment Faces Legal Challenge: Inside the Procedural Flaws.
Law

Byju Raveendran’s $1.07B Judgment Faces Legal Challenge: Inside the Procedural Flaws.

15 December 2025

Imagine this. A judge instructs you and your opponent to go back the following day to talk about punishments....

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills
Law

“Fit to Be Dismissed”: SC Upholds Sacking of Christian Army Officer for Refusing to Enter Gurudwara During Regimental Parade

25 November 2025

Reinforcing the Armed Forces’ uncompromising commitment to discipline and unit cohesion, the Supreme Court on Monday upheld the dismissal...

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills
Law

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills

20 November 2025

In a landmark opinion delivered on November 20, the Supreme Court held that neither the President nor a Governor...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

An Quiet Dialogue Between Nature and the City|Ft. Shashi Tripathi | Art| Indian Navy

An Quiet Dialogue Between Nature and the City|Ft. Shashi Tripathi | Art| Indian Navy

00:03:24

Ramjet-Powered Shell: A Potential Game Changer for Indian Artillery| IIT Madra

00:06:25

Trump makes false apache deal claims, runs down India US relations

00:05:44

Captured Turkish YIHA drone Showed by the Indian Army |Defence News| Operation Sindoor

00:00:58

A War Won From Above: The Air Campaign That Changed South Asia Forever

00:07:37
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited