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 ques

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Q: 21 (IAS/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?

question_subject: 

Polity

question_exam: 

IAS

stats: 

0,164,47,23,14,10,164

keywords: 

{'constitution': [39, 3, 11, 39], 'amendment': [2, 1, 0, 5], 'supreme court': [12, 1, 4, 14], 'jurisdiction': [1, 0, 0, 0], 'central law': [0, 0, 0, 1], 'india': [8, 1, 7, 13]}

The correct answer is Option-4 "Neither 1 nor 2".

Here`s a dissection of each statement:

Statement 1: "No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid." This is incorrect. In India, both the High Courts and the Supreme Court have the power to declare a law unconstitutional. If they find that a law contravenes any provision of the Constitution, it can be declared invalid.

Statement 2: "An amendment to the Constitution of India cannot be called into question by the Supreme Court of India." This is also incorrect. The Supreme Court of India has the power to review and rule on amendments made to the Constitution, a principle established in the landmark case of Kesavananda Bharati v. State of Kerala, which introduced the basic structure doctrine.

Therefore, both statements are incorrect, hence the correct answer is Option-4 "Neither 1 nor 2".

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