GS Paper II 2016 · Q6
12½ marks · 200 words Constitution: evolution, features & basic structure X-Ray · Core #32What 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?
Approach · directive: “what / can you say”
What it asks · State the holding in I.R. Coelho (2007) on Ninth Schedule laws, then argue whether judicial review deserves a special place among the basic features.
It asks 2 things — answer each
- What: the holding in I.R. Coelho v. State of Tamil Nadu (2007) on Ninth Schedule laws
- Can you say: whether judicial review is of key importance among the basic features, with a reasoned position
Open with · Article 31B, inserted by the First Amendment (1951), shields Ninth Schedule laws; in I.R. Coelho (2007) a nine-judge Bench decided whether that shield is absolute.
Cover
- Background: Article 31B (First Amendment, 1951) saves Ninth Schedule laws from being void for violating fundamental rights.
- Holding: power to grant absolute immunity at will is incompatible with the basic structure; post-24 April 1973 laws can be challenged.
- Test: the law's effect on rights reflected in Articles 14, 19 and 21; only an independent judiciary can judge limits on rights.
- Why 'key': review enforces every other basic feature; Minerva Mills (1980), L. Chandra Kumar (1997) and NJAC (2015) confirm it.
- Limits: no hierarchy among basic features; review must respect the separation of powers and practise restraint.
- Visual: timeline from the First Amendment (1951) to Coelho (2007).
Close with · Ambedkar called Article 32 the very soul and heart of the Constitution; Coelho carries that promise to every law, however shielded, while review keeps its legitimacy through restraint.
Add value (verified)
- Article 31B protects Ninth Schedule laws from being void for violating fundamental rights; Coelho held this shield does not bar review against the basic structure.The Constitution of India (as on 1 May 2024), Article 31B — Legislative Department ↗“shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part”
- Article 31B was inserted by the Constitution (First Amendment) Act, 1951 (footnote 2 to Article 31B in the official text).The Constitution of India (as on 1 May 2024) - Legislative Department ↗“Ins. by the Constitution (First Amendment) Act, 1951, s. 5 (w.e.f. 18-6-1951)”
- I.R. Coelho v. State of Tamil Nadu (2007): the power to grant absolute immunity is incompatible with the basic structure, so Ninth Schedule laws added after 24 April 1973 lack absolute immunity.I.R. Coelho (Dead) by LRs v. State of Tamil Nadu (2007) - Supreme Court judgment, Indian Kanoon ↗“The power to grant absolute immunity at will is not compatible with basic structure doctrine and, therefore, after 24th April, 1973 the laws included in the Ninth Schedule would not have absolute immunity.”
- Coelho: the validity of limits on Part III rights can be examined only by an independent organ, the judiciary.I.R. Coelho (Dead) by LRs v. State of Tamil Nadu (2007) - Supreme Court judgment, Indian Kanoon ↗“The validity to the limitation on the rights in Part III can only be examined by another independent organ, namely, the judiciary.”
- Ambedkar in the Constituent Assembly (9 December 1948) on Article 32 (then draft Article 25), the right to constitutional remedies.Constituent Assembly Debates, 9 December 1948 - constitutionofindia.net ↗“It is the very soul of the Constitution and the very heart of it”
- Coelho described the 'golden triangle' of Article 21 read with Articles 14 and 19 as a basic feature that stands for equality and rule of law, and the touchstone for testing Ninth Schedule laws.Supreme Court of India, I.R. Coelho v. State of Tamil Nadu, 11 January 2007 (judgment text on Indian Kanoon) ↗“The golden triangle referred to above is the basic feature of the Constitution as it stands for equality and rule of law.”
Question: UPSC's CS (Main) 2016, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 283words · Minimalist IAS
Article 31B, inserted by the First Amendment (1951), shields laws placed in the Ninth Schedule from being declared void for violating fundamental rights. In I.R. Coelho v. State of Tamil Nadu (2007), a nine-judge Bench decided whether that shield is absolute, and its answer shows why judicial review sits at the core of the basic structure.
What was held in the Coelho case
- No blanket immunity: the power to grant absolute immunity at will is incompatible with the basic structure doctrine.
- Cut-off date: laws added to the Ninth Schedule after 24 April 1973, the date of Kesavananda Bharati, can be challenged.
- Test of effect: such a law fails if it damages the basic structure as reflected in Articles 14, 19 and 21.
- Checks and balances: only an independent judiciary can judge the limits placed on rights.
- 1951: First Amendment inserts Article 31B
- 1973: Kesavananda Bharati
- 1980: Minerva Mills
- 1997: L. Chandra Kumar
- 2007: I.R. Coelho
Is judicial review of key importance among the basic features?
- Guardian of the rest: federalism, secularism and fundamental rights stay declarations unless a court can strike down breaches.
- Settled precedent: Minerva Mills (1980) and L. Chandra Kumar (1997) treated review as essential; the NJAC ruling (2015) guarded the judicial independence it rests on.
The limits of that primacy
- No hierarchy: democracy, federalism and secularism are equally basic; review protects them, it does not outrank them.
- Restraint: review must respect the separation of powers, or the Court becomes a super-legislature.
Yes, judicial review is the keystone of the basic structure, provided it stays restrained. Ambedkar called Article 32 "the very soul of the Constitution and the very heart of it"; Coelho extends that promise to every law, however shielded.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
