With reference to the Constitution of India, consider the following statements:
- No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
- 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?
Detailed Explanation:
Answer: Option 4 — None of the above
Both statements are incorrect. High Courts have the constitutional power to declare central laws unconstitutional under Article 226, exercising their jurisdiction to protect fundamental rights and uphold the Constitution. Similarly, while Parliament has wide amending powers, the Supreme Court can examine whether a constitutional amendment violates the 'basic structure' of the Constitution, as established in the landmark Kesavananda Bharati case (1973).
❌ Statement 1 – Incorrect: High Courts possess the jurisdiction to declare central laws unconstitutional if they violate constitutional provisions, particularly fundamental rights under Article 226.
❌ Statement 2 – Incorrect: The Supreme Court can review constitutional amendments and strike them down if they violate the basic structure doctrine, as established in Kesavananda Bharati v. State of Kerala (1973).
📝 Short Notes: Judicial Review of Laws and Constitutional Amendments
| Aspect | Details |
|---|---|
| High Courts' Power | Can declare central and state laws unconstitutional under Articles 226 and 227; concurrent jurisdiction with Supreme Court |
| Supreme Court's Power | Can review all laws and constitutional amendments under Articles 13, 32, and 136; guardian of the Constitution |
| Basic Structure Doctrine | Established in Kesavananda Bharati v. State of Kerala (1973); Parliament cannot amend the basic structure of the Constitution |
| Elements of Basic Structure | Supremacy of Constitution, rule of law, judicial review, separation of powers, federalism, secularism, sovereignty, democratic republic |
| Minerva Mills Case (1980) | Reaffirmed basic structure doctrine; struck down Clauses 4 and 5 of Article 368 inserted by 42nd Amendment |
| Judicial Independence | Both High Courts and Supreme Court act as guardians of constitutional rights; no immunity for unconstitutional laws or amendments |
Question 1 of 3 Judicial Review
Practice PYQ questions from this topic across all years
First question in this topic
With reference to the Constitution of India, prohibitions or limitations or provision...