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?

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YESPYQ · Accepted Answer

Correct answer: Neither 1 nor 2. Statement 1 is incorrect: Though the 42nd Amendment Act of 1976 curtailed the power of HC in judicial review and debarred the HC from considering the constitutional validity of any central law. But the 43rd Amendment Act of 1978 restored the original position of the HC. Moreover now the HC is considered as the principal civil courts of original jurisdiction in each state and union territory. They can declare any central law to be constitutionally invalid in their jurisdiction. Statement 2 is incorrect: The Constitution of India allows for amendments under Article 368 but the Supreme Court has the authority to review constitutional amendments, particularly to ensure that such amendments do not violate the basic structure of the Constitution. The Kesavananda Bharati case (1973) established the basic structure doctrine, where the Supreme Court ruled that Parliament could amend the Constitution but could not alter its basic structure. SUPER HINT For S1, a general observation can tell that HC's in India do declare central laws invalid, we have integrated j

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