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?
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.