With reference to the Constitution of India consider the following statements No High Court shall ha...........

Indian Polity Judiciary

Download Solution PDF

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)

Download PDF Appear Online

View All IAS Previous Year Papers

1 only

2 only

Both 1 and 2

Neither 1 nor 2

छोटे Courses बड़े Results

Master Judiciary

Prepare through Micro-courses

Try Now

Explanation:

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.