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UPSC Prelims 2021 Paper-1 📅 10 Oct, 2021

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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APEDIA

UPSC Prelims
2021 • 10 Oct, 2021 • 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
High Court Jurisdiction: Although the 42nd Constitutional Amendment briefly restricted High Courts from adjudicating the constitutional validity of central laws......
Ref/Book : UPSC Prelims 2021
Ref. Subject Polity
Chapter -
Ref. Topic Judiciary
Pg. No -
💡 Analysis & Explanation
High Court Jurisdiction ▼
Although the 42nd Constitutional Amendment briefly restricted High Courts from adjudicating the constitutional validity of central laws, the 43rd Amendment Act of 1977 restored their original power. High Courts inherently possess the authority of judicial review over both state and central legislations under Article 226. Thus, the first statement is invalid.
Supreme Court Review Power ▼
The landmark Kesavananda Bharati judgment established the 'Basic Structure Doctrine'. Under this mechanism, the Supreme Court is empowered to review and strike down any constitutional amendment if it violates the foundational principles of the Constitution. Therefore, the second statement is incorrect.
Conclusion ▼
Both statements misrepresent the current constitutional powers of the judiciary.
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