Constitutional Powers and Judicial Review

PolitySupreme Court jurisdiction and constitutional amendmentsStatement-based● MediumStatic

Question

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

1No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.

2An 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.
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.

Options

1 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer

Explanation

Statement 1 is incorrect: High Courts do have the jurisdiction to declare central laws unconstitutional under Article 226 and 227 of the Constitution. This is a core function of the judicial review power vested in High Courts. Statement 2 is also incorrect: The Supreme Court has held in multiple cases (particularly in Kesavananda Bharati v. State of Kerala, 1973) that it can examine whether an amendment violates the basic structure of the Constitution. Thus, amendments are not entirely beyond judicial review. Both statements are factually wrong regarding constitutional provisions and judicial precedent.

Remember: High Courts possess full constitutional review powers; Supreme Court can strike down amendments that violate the basic structure doctrine (Kesavananda Bharati principle).

Answer: (d).

Question details

Year

2019

Paper

GS Paper 1

Question

Q81

Subject

Polity

Sub-topic

Supreme Court jurisdiction and constitutional amendments

Type

Statement-based

Difficulty

Medium

Nature

Static

Source hint

NCERT Polity - Constitutional Law

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