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UPSC Prelims 2019 Paper-1 📅 02 Jun, 2019

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
Result Summary
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UPSC Prelims
2019 • 02 Jun, 2019 • Paper-1
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
Statement 1 Analysis: This is constitutionally incorrect. While the 42nd Amendment temporarily restricted High Courts from adjudicating on the constitutional va......
Ref/Book : UPSC Prelims 2019
Ref. Subject Polity
Chapter -
Ref. Topic Judiciary
Pg. No -
💡 Analysis & Explanation
Statement 1 Analysis ▼
This is constitutionally incorrect. While the 42nd Amendment temporarily restricted High Courts from adjudicating on the constitutional validity of Central laws, the 43rd Amendment Act completely restored this vital power, explicitly allowing High Courts to strike down unconstitutional central legislations.
Statement 2 Analysis ▼
This is incorrect. Under the profound 'Basic Structure Doctrine' established in the historic Kesavananda Bharati case, the Supreme Court of India holds the ultimate judicial review power to meticulously examine and even strike down any constitutional amendment if it violently infringes upon the basic structure of the Constitution.
Conclusion ▼
Both legal assertions fundamentally violate existing constitutional doctrines, making option D correct.
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