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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.
Q. Which of the statements given above is are/correct?
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.
Q. Which of the statements given above is are/correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'D'. Can you explain this answer?
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With reference to the Constitution of India, consider the following st...
Statement 1 is incorrect: The Constitution of India has embodied various Fundamental Rights in Part III of the constitution. Constitution enables Parliament to legislate only subject to the limitations imposed by these Fundamental Rights. In case of these limitations are transgressed, the SC and the High Courts are competent to declare a law as unconstitutional and Void. Further, The Indian Constitution has established an integrated judicial system with the Supreme Court at the top and the state high courts below it. This single system of courts enforces both the Central laws as well as the state laws.
Statement 2 is incorrect: Article 13 declares that a constitutional amendment is not a law and hence cannot be challenged. However, the Supreme Court held in the Kesavananda Bharati case2 (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.
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With reference to the Constitution of India, consider the following st...
Constitutional Jurisdiction of High Courts and Supreme Court
Statement 1: No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
This statement is incorrect. The High Courts are empowered to examine the constitutionality of central laws and declare them invalid, if necessary. This power is derived from Article 226 of the Constitution of India, which empowers High Courts to issue writs for the enforcement of fundamental rights as well as for any other purpose.
Statement 2: An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
This statement is also incorrect. The Supreme Court has the power of judicial review, which means that it can examine the constitutionality of any law, including constitutional amendments. This power is derived from Article 13 of the Constitution, which declares that any law that is inconsistent with or in derogation of fundamental rights shall be void.
Therefore, the correct answer is option D, i.e., neither 1 nor 2.
Statement 1: No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
This statement is incorrect. The High Courts are empowered to examine the constitutionality of central laws and declare them invalid, if necessary. This power is derived from Article 226 of the Constitution of India, which empowers High Courts to issue writs for the enforcement of fundamental rights as well as for any other purpose.
Statement 2: An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
This statement is also incorrect. The Supreme Court has the power of judicial review, which means that it can examine the constitutionality of any law, including constitutional amendments. This power is derived from Article 13 of the Constitution, which declares that any law that is inconsistent with or in derogation of fundamental rights shall be void.
Therefore, the correct answer is option D, i.e., neither 1 nor 2.
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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.Q.Which of the statements given above is are/correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'D'. Can you explain this answer?
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