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 :
Neither 1 nor 2
Solution :
The correct answer is Neither 1 nor 2.
Let us analyze both statements in detail with reference to the Constitution of India:
Statement 1 is incorrect:
Under Article 226 of the Constitution of India, High Courts have the power of judicial review. A High Court has full jurisdiction to examine the constitutional validity of both central (parliamentary) laws and state laws within its jurisdiction. Although the 42nd Amendment Act of 1976 temporarily restricted High Courts from determining the constitutional validity of central laws, this restriction was subsequently repealed by the 43rd Amendment Act of 1977. Therefore, High Courts can declare central laws constitutionally invalid if they violate fundamental rights or any other constitutional provisions.
Statement 2 is incorrect:
Under Article 32 and Article 136 of the Constitution, the Supreme Court of India possesses explicit powers of judicial review. In the landmark Kesavananda Bharati v. State of Kerala (1973) case, the Supreme Court ruled that Parliament's amending power under Article 368 is not absolute and cannot alter the "basic structure" of the Constitution. Therefore, any constitutional amendment enacted by Parliament can be challenged in and called into question by the Supreme Court, and can be invalidated if it violates the basic structure of the Constitution.
Since both statements 1 and 2 are incorrect, the correct option is Neither 1 nor 2.
Access expert-curated educational resources and study materials—completely free.
Create, conduct, and manage professional online assessments with Mindyard. Perfect for teachers and institutes.
Copyright © 2026 Mindyard. All Rights Reserved.