GK Question

Answer: True

I.R. Coelho and Ninth Schedule review: (a) Context: Challenge to laws placed in Ninth Schedule (immune from judicial review under Article 31B) after Kesavananda judgment; petitioners argued such laws can violate fundamental rights, (b) Supreme Court holding (9-judge bench): (i) Laws placed in Ninth Schedule after April 24, 1973 subject to basic structure review, (ii) If such laws violate fundamental rights forming part of basic structure (e.g., Articles 14, 19, 21), they can be struck down despite Ninth Schedule protection, (iii) Test: Whether law damages/destroys basic structure features (democracy, secularism, equality, etc.), (c) Applications: (i) Post-1973 Ninth Schedule laws: Subject to judicial scrutiny for basic structure compliance, (ii) Fundamental rights as basic structure: Articles 14 (equality), 19 (freedoms), 21 (life/liberty) form part of basic structure; laws violating these core rights can be invalidated, (iii) Balancing test: Courts examine whether law's object, impact destroys basic structure features, (d) Rationale: (i) Prevent constitutional bypass: Ninth Schedule cannot be used to enact laws violating core constitutional values, (ii) Basic structure supremacy: No constitutional provision (including Article 31B) can override basic structure doctrine, (iii) Rights protection: Ensures fundamental rights forming part of basic structure remain protected against legislative excess, (e) Illustrates basic structure enforcement: Ninth Schedule immunity not absolute; post-Kesavananda laws subject to basic structure review, ensuring constitutional core values protected against legislative attempts to bypass judicial review.