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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?
Explanation
The correct answer is option D (Neither 1 nor 2) because both statements are incorrect.
**Statement 1 is incorrect:** The Supreme Court and the High Courts have the power to interpret the Constitution of the country. They can declare invalid any law of the legislature or the actions of the executive, whether at the Union level or at the state level, if they find such a law or action is against the Constitution.[1] The Supreme Court or the high courts can declare laws invalid through their power of judicial review.[2] Therefore, High Courts do have jurisdiction to declare central laws constitutionally invalid.
**Statement 2 is incorrect:** In the Kesavananda Bharati case (1973), the Supreme Court declared that judicial review is a basic feature of the Constitution and hence, cannot be taken away.[3] The Supreme Court struck down certain constitutional clauses on the ground that they are violative of the "basic features" of the Constitution in the Minerva Mills case.[4] This establishes that constitutional amendments can indeed be challenged and invalidated by the Supreme Court if they violate the basic structure of the Constitution.
Sources- [1] Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > 4.4 THE JUDICIARY > p. 70
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 14: Federal System > II ISupremacy of the Constitution > p. 139
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > CONFLICT BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES > p. 114
- [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 354
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Guest previewThis is a foundational 'Polity 101' question. It tests the core mechanics of Checks and Balances—specifically Judicial Review and Basic Structure. If you missed this, you aren't struggling with 'tough questions'; you are skimming the basics of NCERT and Laxmikanth.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Explicitly states the Supreme Court and the High Courts can interpret the Constitution and declare invalid any law of the legislature or actions of the executive at the Union or State level.
- Says High Courts can determine the constitutional validity of any legislation when it is challenged — identifying judicial review as the mechanism.
- Affirms the Constitution's supremacy and that laws enacted by the Centre must conform to it.
- Directly states that central laws can be declared invalid by the Supreme Court or the high courts through judicial review.
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