Question #
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?
Answer by Chad #
The Coelho case refers to the landmark judgement in the case of I.R. Coelho (Dead) Through LRs. vs. State of Tamil Nadu, where the Supreme Court of India held that constitutional amendments are subject to judicial review under the basic structure doctrine.
In this case, the court held that even though the Parliament has the power to amend the Constitution, the amendments cannot violate or destroy its basic structure. This means that any amendment that fundamentally alters the essential features of the Constitution can be struck down by the judiciary.
Therefore, the Coelho case reaffirmed the importance of judicial review as one of the basic features of the Constitution. Judicial review allows the judiciary to examine the constitutionality of legislative and executive actions, ensuring that they do not infringe upon the constitutional rights and principles. It acts as a check on the powers of the other branches of government, preserving the integrity and supremacy of the Constitution.
So, in the context of the Coelho case, it can be said that judicial review is indeed of key importance amongst the basic features of the Constitution.