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?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2 ✓ UPSC's answer
Why the answer is (d)
• Statement 1 is wrong: High Courts under Article 226 can strike down central as well as State laws as unconstitutional; the 42nd Amendment had tried to bar this (Article 226A) but the 43rd Amendment (1977) repealed it.
• Statement 2 is wrong: since Kesavananda Bharati (1973) the Supreme Court reviews constitutional amendments against the basic structure and has struck several down (e.g. NJAC, 2015); the 42nd Amendment's attempt to exclude review (Article 368(4)-(5)) was invalidated in Minerva Mills (1980).
• Hence neither 1 nor 2, option (d).
Why the other options are wrong
- (a) 1 only
- Statement 1 is wrong: High Courts can invalidate central laws.
- (b) 2 only
- Statement 2 is wrong: amendments are subject to basic-structure review.
- (c) Both 1 and 2
- Both statements are wrong.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2019, held on 2 June 2019. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.