Q. Consider the following statements:
Statement I: A Constitutional Amendment Act can be challenged in the Supreme Court on the ground that it violates the Fundamental Rights.
Statement II: Article 13 of the Constitution provides that all laws that are inconsistent with or in derogation of any of the Fundamental Rights shall be void.
Which one of the following is correct in respect of the above statements?

[A] Both Statement I and Statement II are correct and Statement II explains Statement I.

[B] Both Statement I and Statement II are correct, but Statement II does not explain Statement I.

[C] Statement I is correct, but Statement II is incorrect.

[D] Statement I is incorrect, but Statement II is correct.

Answer: B
Notes:

Explanation:

  • Statement I is correct: Following the Kesavananda Bharati case (1973), the SC ruled that an amendment can be challenged if it violates the ‘Basic Structure’, which includes many Fundamental Rights.
  • Statement II is correct: Article 13(2) gives the state a mandate not to make laws taking away FRs.
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