With reference to the Constitution of India, consider the following st

With reference to the Constitution of India, consider the following statements:

  • 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
  • 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.

Which of the statements given above is/are correct?

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC IAS – 2019
The correct answer is D, as neither statement 1 nor statement 2 is correct.
Statement 1 is incorrect. Under the Constitution of India, High Courts have the power of judicial review (Articles 226 and 227). This power includes the jurisdiction to examine and, if found unconstitutional, declare any law, including central laws, to be constitutionally invalid, within their territorial jurisdiction. This power is part of the basic structure of the Constitution.
Statement 2 is incorrect. The Supreme Court of India has the power of judicial review over constitutional amendments. The landmark Kesavananda Bharati case (1973) established the “Basic Structure Doctrine,” which holds that Parliament cannot amend the Constitution in a way that alters its basic structure. The Supreme Court can therefore call into question and strike down a constitutional amendment if it violates the basic structure of the Constitution.
The power of judicial review of both High Courts and the Supreme Court serves as a crucial check on the legislative and executive branches, upholding the supremacy of the Constitution and protecting fundamental rights.
Exit mobile version