An analysis of the Ninth Schedule of the Indian Constitution and the consequences of the recent judgment in the I.R.Coelho case.
Written in 2007; 4,290 words; 8 sources; APA; $ 113.95
Paper Summary:
This paper discusses the history of the Ninth Schedule of the Indian Constitution. It describes the factors leading to the creation of the Ninth Schedule and subsequent developments to it. The paper particularly attempts to cover the journey of the Ninth Schedule and the impact the judgment in the I.R.Coelho case had on it and continues to have on it.
Table of Contents:
Introduction
A Foreword to the Ninth Schedule
Factors that Led to the Creation of Ninth Schedule
Subsequent Developments in the Ninth Schedule
History of Ninth Schedule till 1973
Post 1973 Position of the Ninth Schedule
The I.R.Coelho Case
Facts of the Case
Broad Question Before the Court
Decision Given by the Supreme Court
The I.R.Coelho Judgment from Various Perspectives
Supporting the Judgment in I.R. Coelho Case
Against the Judgment of I.R.Coelho Case
Conclusion
From the Paper:
"The relationship between Judiciary and Executive/Legislature in a country like India has always been contentious. The 57 years of the working of the Indian Constitution has more than once seen a supremacy tussle between the Judiciary and Executive on one hand and the Legislature on the other. One of the most inextricable reason of such a tussle has always been the Ninth Schedule which has more or less met its fate with the I.R.Coelho judgment. However, for a deeper and an unbiased understanding, it would be better to start from the history of the Ninth Schedule."
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