GS PrelimsPolityJudicial Review2019 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?
Correct Answer: Option D
Explanation
1. Statement 1 is incorrect. Under Article 226 of the Constitution of India, High Courts have the jurisdiction to issue writs for the enforcement of fundamental rights and for any other purpose. This power includes judicial review, allowing them to examine the constitutional validity of both state and central laws and declare them constitutionally invalid if they violate the Constitution. (The 42nd Amendment attempted to curtail this power, but it was restored by the 43rd Amendment).
2. Statement 2 is incorrect. The Supreme Court of India, through the landmark Kesavananda Bharati case (1973), established the doctrine of the 'basic structure' of the Constitution. While Parliament has the power to amend the Constitution under Article 368, any amendment that violates the basic structure can be called into question and struck down by the Supreme Court.
3. Therefore, neither statement is correct.
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