Which among the following statements is/are true according to I. R. Coelho v. State of Tamil Nadu?
1. Judicial Review on legislations inserted in Schedule 9 is allowed when the legislation is not in conformity with basic structure doctrine.
2. Legislation effecting Fundamental Rights can be reviewed.

Solution (By Examveda Team)

The case of I. R. Coelho v. State of Tamil Nadu (2007) was a landmark judgment by the Supreme Court of India that reaffirmed the authority of judicial review over laws placed in the Ninth Schedule of the Constitution. The Ninth Schedule was introduced by the First Amendment in 1951 to protect certain laws from judicial scrutiny, particularly land reform laws. However, the Supreme Court in this case ruled that even laws under the Ninth Schedule are subject to judicial review if they violate the basic structure doctrine.

Explanation:

The Supreme Court held that any law placed in the Ninth Schedule after April 24, 1973 (the date of the Keshavananda Bharati judgment) could be reviewed by the judiciary if it violated the basic structure of the Constitution, including Fundamental Rights.

Statement 1: Judicial Review on legislations inserted in Schedule 9 is allowed when the legislation is not in conformity with basic structure doctrine.

This statement is true. The Supreme Court ruled that judicial review is applicable to laws placed in the Ninth Schedule if they violate the basic structure doctrine. Laws cannot escape scrutiny merely by being placed in the Ninth Schedule.

Statement 2: Legislation affecting Fundamental Rights can be reviewed.

This statement is also true. The Supreme Court clarified that if a law under the Ninth Schedule affects Fundamental Rights in a manner that violates the basic structure of the Constitution, it can be reviewed and struck down if necessary.

Since both statements 1 and 2 are correct, Option C (Both 1 and 2) is the correct answer.