Supreme Court of India

I. R. Coelho (dead) by Lrs. v. State of Tamil Nadu

Neutral citation

Reported as [2007] 1 S.C.R. 706

Bench Y.K. Sabharwal J.

Decided 11 January 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

32 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that : (I) A law that abrogates or abridges rights guaranteed by Part III of the Constitution may violate the. basic structure doctrine or it may not.

Judgment, page 66

From the headnote

r Constitution of India, 1950: c Article 368 read with Article 31- , Article 32-Ninth Schedule- Amendment of Constitution-Inclusion of enactments in Ninth Schedule- Judicial review of-Held: a law that abrogates or abridges rights guaranteed by Part Ill of the Constitution and also violates the basic structure doctrine, whether by amendment of any Article of Part Ill or by an insertion in Ninth Schedule, such law will have to be invalidated in exercise of power of judicial review of the Court-All amendments to the Constitution made on or after 24.4.1973 by which Ninth Schedule is amended by

Authorities it was built on

1973 His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala cited by 118
1970 Rustom Cavasjee Cooper v. Union of India cited by 72

Where later benches applied it

2021 Union of India v. Rajendra N. Shah and Another relied on
2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India and Ors. relied on
2017 Smt. Bharati Reddy v. The State of Karnataka and Ors. relied on
2014 Renu & Ors. v. District & Sessions Judge, Tis Hazari & Anr. relied on
2013 State of Maharashtra & Anr. v. Indian Hotel & Restaurants Assn. & Ors relied on
2019 Union of India v. State of Maharashtra and Ors. followed
2019 Dr. Ashwani Kumar v. Union of India and Another followed
2026 The State of West Bengal v. Jai Hind P.ltd. referred to
2024 IN RE: DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES versus referred to
2024 Mineral Area Development Authority & Anr. v. M/s Steel Authority of India & Anr. Etc. referred to
2023 Coal India Limited and Anr v. Competition Commission of India and Anr referred to
2022 Janhit Abhiyan v. Union of India referred to
2022 Satyajit Kumar & Ors. v. The State of Jharkhand & Ors. referred to
2021 Madras Bar Association v. Union of India and Anr. referred to
2021 Rajeev Suri v. Delhi Development Authority & Ors referred to
2020 The State of Punjab & Ors. v. Davinder Singh & Ors. referred to
2020 Janhit Abhiyan v. Union of India & Ors. referred to
2020 Chebrolu Leela Prasad Rao & Ors. v. State of A.P. & Ors. referred to
2019 B K Pavitra and Ors. v. The Union of India and Ors referred to
2018 Jarnail Singh & Others v. Lachhmi Narain Gupta & Others referred to
2018 Justice K. S. Puttaswamy (retd.) v. Union of India & Ors. referred to
2018 Government of Nct of Delhi v. Union of India & Another referred to
2016 State of Karnataka v. State of Tamil Nadu & Ors. referred to
2016 Jindal Stainless Ltd. & Anr v. State of Haryana & Ors referred to
2014 Manoj Narula v. Union of India referred to
2014 State of Tamil Nadu v. State of Kerala & Anr. referred to
2014 Dr. Subramanian Swamy v. Director, Centeral Bureau of Investigation & Anr. referred to
2014 Union of India and Others v. Major S.P. Sharma and Others referred to
2013 Suresh Kumar Koushal and Another v. Naz Foundation and Others referred to
2012 Dropti Devi & Anr. v. Union of India & Ors. referred to
2011 K.T. Plantation Pvt. Ltd. & Anr v. State of Karnataka referred to
2014 Usha Bharti v. State of U.P. & Ors. not applicable

Of those, 5 relied on · 2 followed · 24 referred to · 1 not applicable

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