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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? (2019)
- 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 s...
Explanation:
The correct answer is option D, neither 1 nor 2. Let's understand why.
Statement 1: No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
The Constitution of India provides for a clear hierarchy of courts, where the Supreme Court is the highest judicial authority in the country. According to Article 131 of the Constitution, the Supreme Court has original jurisdiction to hear disputes between the Government of India and one or more States or between two or more States. This means that only the Supreme Court can decide on disputes involving the central government and the state governments.
However, the High Courts, as mentioned in Article 226, have the power to issue writs, orders, or directions to any person or authority within their territorial jurisdiction. This includes the power of judicial review, which allows them to determine the constitutionality of laws and executive actions.
Therefore, statement 1 is incorrect as the High Courts do have the jurisdiction to declare central laws to be constitutionally invalid.
Statement 2: An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Article 368 of the Constitution of India deals with the power of Parliament to amend the Constitution. It grants the Parliament the authority to amend any provision of the Constitution in the manner prescribed in the article. However, this power is not absolute.
The Supreme Court, as the guardian of the Constitution, has the power of judicial review, which enables it to examine the constitutionality of laws and actions, including constitutional amendments. The Court has the authority to strike down any amendment that violates the basic structure of the Constitution.
Over the years, the Supreme Court has used this power to review and strike down several constitutional amendments, such as the First Amendment, the 39th Amendment, and the 42nd Amendment, among others.
Therefore, statement 2 is also incorrect as the Supreme Court can indeed question the validity of constitutional amendments if they violate the basic structure of the Constitution.
In conclusion, neither statement 1 nor statement 2 is correct, and the correct answer is option D.
The correct answer is option D, neither 1 nor 2. Let's understand why.
Statement 1: No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
The Constitution of India provides for a clear hierarchy of courts, where the Supreme Court is the highest judicial authority in the country. According to Article 131 of the Constitution, the Supreme Court has original jurisdiction to hear disputes between the Government of India and one or more States or between two or more States. This means that only the Supreme Court can decide on disputes involving the central government and the state governments.
However, the High Courts, as mentioned in Article 226, have the power to issue writs, orders, or directions to any person or authority within their territorial jurisdiction. This includes the power of judicial review, which allows them to determine the constitutionality of laws and executive actions.
Therefore, statement 1 is incorrect as the High Courts do have the jurisdiction to declare central laws to be constitutionally invalid.
Statement 2: An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Article 368 of the Constitution of India deals with the power of Parliament to amend the Constitution. It grants the Parliament the authority to amend any provision of the Constitution in the manner prescribed in the article. However, this power is not absolute.
The Supreme Court, as the guardian of the Constitution, has the power of judicial review, which enables it to examine the constitutionality of laws and actions, including constitutional amendments. The Court has the authority to strike down any amendment that violates the basic structure of the Constitution.
Over the years, the Supreme Court has used this power to review and strike down several constitutional amendments, such as the First Amendment, the 39th Amendment, and the 42nd Amendment, among others.
Therefore, statement 2 is also incorrect as the Supreme Court can indeed question the validity of constitutional amendments if they violate the basic structure of the Constitution.
In conclusion, neither statement 1 nor statement 2 is correct, and the correct answer is option D.
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With reference to the Constitution of India, consider the following s...
The correct answer is D
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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? (2019)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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