Q. 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?
Exp) Option d is the correct answer
Statement 1 is incorrect. The power of Judicial Review by the High Court is incorporated in Articles 226 and 227 of the Constitution. The High Court has the power to examine the constitutionality of legislative and executive orders of both central and state government. On examination, if the law is found to be violative of the Constitution (ultra vires), it can be declared as illegal, unconstitutional by the High Court.
Statement 2 is incorrect. As per the ‘Basic Structure Doctrine’ laid down by the Supreme Court in Kesavananda Bharati v. State of Kerala case, if a law or any amendment to Constitution made by Parliament violates any provision of the Constitution, the Supreme Court has the power to review and strike down constitutional amendments and declare such a law invalid or ultra-Vires.
