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1 - 5 of 5 (0.45 seconds)Article 21 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
I.R.Coelho (Dead) By Lrs vs State Of Tamil Nadu & Ors on 11 January, 2007
6. We have thoughtfully considered the submissions made
by the learned senior counsel and regret our inability to accept
the same. It is elementary principle of law informed by public
policy that once rights of partiers are settled then the same
issues between the same parties are not raised over and over
again. If that is to happen then an issue decided a number of
years back would be re-opened on account of a judgment
subsequently delivered which might take a contrary view. A
nine-Judge Constitution Bench in the historic case of I. R. Coelho
v. State of T.N, (2007)2 SCC 1, has decided highly significant
question of law, namely, the constitutional validity of laws
placed in Ninth Schedule can be judged on the touchstone of
basic structure doctrine. The principles of direct impact and
effect test i.e. rights test may also be applied. In other words
the form of an amendment is not the relevant fact but the
consequence thereof would be determinative factor. It
proceeded to formulate the principles in para 151.
(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. If former is the
consequence of law, whether by amendment of any
Article of Part III or by an insertion in the Ninth
Schedule, such law will have to be invalidated in
exercise of judicial review power of the Court. The
validity or invalidity would be tested on the principles
laid down in this judgment.
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