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The Supreme Court of India ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule in the case of :

  • A.Maneka Gandhi Vs Union of India
  • B.ADM Jabalpur Vs Shivkant Shukla
  • C.Kihoto Holohon Vs Zachilhu
  • D.I.R. Coelho Vs State of Tamil Nadu.

Answer: D

The case is I.R. Coelho v State of Tamil Nadu.

In January 2007 a nine-judge bench held that laws placed in the Ninth Schedule after 24 April 1973, the date of the Kesavananda Bharati judgment, are open to judicial review, and can be struck down if they violate the basic structure, including the rights in Articles 14, 19 and 21. So there is no blanket immunity under Article 31B.

Maneka Gandhi (1978) concerned personal liberty and Article 21, ADM Jabalpur (1976) habeas corpus during the Emergency, and Kihoto Hollohan (1992) the anti-defection law.

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