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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?
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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Verified Answer
With reference to the Constitution of India, consider thefollowing sta...
The Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts). Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. On examination, if they are found to be violative of the Constitution (ultra vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the judiciary. So #1 is wrong.
I.R. Coelho case (2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. Thus #2 is also wrong. So, D: neither 1 nor 2 correct.
I.R. Coelho case (2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. Thus #2 is also wrong. So, D: neither 1 nor 2 correct.
Most Upvoted Answer
With reference to the Constitution of India, consider thefollowing sta...
The correct answer is option D, neither 1 nor 2.
Explanation:
1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid:
This statement is incorrect. Article 226 of the Constitution of India empowers every High Court to issue writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari for the enforcement of fundamental rights and for any other purpose. Therefore, the High Court can declare any central law to be constitutionally invalid if it violates any of the fundamental rights guaranteed by the Constitution.
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 of India has the power of judicial review and can declare any amendment to the Constitution of India as unconstitutional if it violates any of the basic features of the Constitution. The Supreme Court has used this power in various cases, including the famous Kesavananda Bharati case, where it declared that the power of Parliament to amend the Constitution is not absolute and can be subject to judicial review.
Therefore, both statements are incorrect, and the correct answer is option D, neither 1 nor 2.
Explanation:
1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid:
This statement is incorrect. Article 226 of the Constitution of India empowers every High Court to issue writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari for the enforcement of fundamental rights and for any other purpose. Therefore, the High Court can declare any central law to be constitutionally invalid if it violates any of the fundamental rights guaranteed by the Constitution.
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 of India has the power of judicial review and can declare any amendment to the Constitution of India as unconstitutional if it violates any of the basic features of the Constitution. The Supreme Court has used this power in various cases, including the famous Kesavananda Bharati case, where it declared that the power of Parliament to amend the Constitution is not absolute and can be subject to judicial review.
Therefore, both statements are incorrect, and the correct answer is option D, neither 1 nor 2.
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With reference to the Constitution of India, consider thefollowing statements :1. No High Court shall have the jurisdiction to declareany central law to be constitutionally invalid.2. An amendment to the Constitution of India cannotbe called into question by the Supreme Court ofIndia.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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