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?
This questions was previously asked in
UPSC CSP Previous Year Paper (2019)
Both 1 and 2
Incorrect AnswerNeither 1 nor 2
Correct AnswerExplanation:
42nd Constitutional Amendment Act, 1976: Inserted new article 228A.- After article 228 of the Constitution, Special provisions as to disposal of questions relating to constitutional validity of State laws.- (1) No High Court shall have jurisdiction to declare any Central law to be constitutionally invalid. However, the 43rd Amendment Act of 1977 restored the original position. Therefore, statement 1 is not correct.
In the Kesavananda Bharati case (1973), Supreme Court laid down a new doctrine of the ‘basic structure’ (or ‘basic features’) of the Constitution. It ruled that the constituent power of Parliament under Article 368 can amend the constitution Under Article but Such amendments Should not does not enable it to alter the ‘basic structure’ of the Constitution anything that ultravires the constitution is cut down by the highest judiciary including the Constitutional amendment. Therefore, statement 2 is not correct.
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By: Abhipedia