Question 74 from UPSC CSE 2019 - Polity & Governance

Question

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 above is/are correct?

Accepted Answer

Correct Option: D. Neither 1 nor 2

Strategy: Leverage knowledge of judicial review powers to invalidate the statements. High Courts can strike down central laws, and the Supreme Court can review constitutional amendments under the basic structure doctrine. Both statements are therefore incorrect.

Key Info: ### Judicial Review in India
Both the Supreme Court (Articles 32, 136) and High Courts (Articles 226, 227) possess the power of judicial review, which includes declaring laws unconstitutional if they violate the Constitution. Although the 42nd Amendment (1976) temporarily restricted High Courts from declaring Central laws invalid via Article 228A, the 43rd Amendment (1977) repealed this, restoring their full power.

### Constitutional Amendments & Supreme Court Review
Article 368 empowers Parliament to amend the Constitution. In the landmark case Kesavananda Bharati v. State of Kerala (1973), the Supreme Court established the 'basic structure doctrine'. This doctrine allows the court to judicially review constitutional amendments to ensure they do not alter the Constitution's basic structure. If an amendment violates this doctrine, the Supreme Court can strike it down. Thus, both ordinary laws and constitutional amendments are subject to judicial scrutiny for constitutional validity.

### Relevant Amendments
- **42nd Amendment (1976):** Sought to restrict the powers of courts, particularly concerning constitutional amendments and central laws.
- **43rd Amendment (1977):** Restored the judicial review powers of High Courts and the Supreme Court, maintaining the system of checks and balances.

### Landmark Cases
Key cases affirming the judiciary's review powers over both statutes and amendments include:
- Kesavananda Bharati (1973)
- Minerva Mills (1980)
- I.R. Coelho (2007)

Answer

Option A: 1 only

Answer

Option B: 2 only

Answer

Option C: Both 1 and 2