Civil Services Prep

Prelims 2019 · Polity and Constitution · Question 21

With reference to the Constitution of India, consider the following statements:<br/>1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.<br/>2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.<br/><br/>Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer

Neither 1 nor 2

Statement 1: Incorrect. High Courts can examine the constitutional validity of central laws under their writ jurisdiction (Article 226). They may strike down a central law as unconstitutional, though the law remains subject to appeal before the Supreme Court.

Statement 2: Incorrect. A constitutional amendment can be challenged in the Supreme Court if it violates the Basic Structure doctrine (Kesavananda Bharati, 1973). So amendments are not beyond judicial review.

Therefore: Neither 1 nor 2 is correct.

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