UPSC Prelims 2019 · Question 21 of 99
UPSC Prelims 2019 question on Judicial Review High Court Central Laws
- ExamUPSC CSE
- Year2019
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicConstitutional Amendment
- DifficultyMedium
- TypeStatement
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 give above is/are correct?
Show answer
Answer: D. Neither 1 nor 2
Verdict
Neither statement 1 nor 2 is correct → Option (d).
Statement by statement
Statement 1 – INCORRECT: The 42nd Constitutional Amendment Act, 1976 inserted new article 228A after article 228 of the Constitution, which provided 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. Hence statement 1 is not correct currently.
Statement 2 – INCORRECT: 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 but such amendments should 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. Hence constitutional amendments can be called into question by the Supreme Court of India.