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Consider the following statements with respect to powers and jurisdictions of a High Court:
- High Courts have the power to decide the Constitutional validity of Laws enacted by Parliament.
- High Courts have original jurisdiction over disputes relating to the election of members of Parliament.
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 'C'. Can you explain this answer?
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Consider the following statements with respect to powers and jurisdict...
- The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of 1956 authorized the Parliament to establish a common high court for two or more States or for two or more states and a union territory. High Court is the highest court of appeal in the state. It is the protector of the Fundamental Rights of the citizens. It is vested with the power to interpret the Constitution. Besides, it has supervisory and consultative roles.
- Original Jurisdiction of High Court:
- It means the power of a high court to hear disputes in the first instance, not by way of appeal. It extends to the following:
- Matters of admiralty and contempt of court.
- Disputes relating to the election of members of Parliament. Hence statement 2 is correct.
- Enforcement of fundamental rights of citizens. etc.
- Writ Jurisdiction:
- Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition, and quo warranto for the enforcement of the fundamental rights of the citizens and for any other purpose. The writ jurisdiction of the high court (under Article 226) is not exclusive but concurrent with the writ jurisdiction of the Supreme Court (under Article 32). In the Chandra Kumar case9 (1997), the Supreme Court ruled that the writ jurisdiction of both the high court and the Supreme Court constitute a part of the basic structure of the Constitution. Hence, it cannot be ousted or excluded even by way of an amendment to the Constitution.
- Though the phrase ‘judicial review’ has nowhere been used in the Constitution, the provisions of Articles 13 and 226 explicitly confer the power of judicial review on a high court. The constitutional validity of a legislative enactment or an executive order can be challenged in a high court on the following three grounds:
- it infringes the fundamental rights (Part III), o it is outside the competence of the authority which has framed it, and o it is repugnant to the constitutional provisions.
- The 42nd Amendment Act of 1976 curtailed the judicial review power of the high court. It debarred the high courts from considering the constitutional validity of any central law. However, the 43rd Amendment Act of 1977 restored the original position. Hence statement 1 is correct.
Community Answer
Consider the following statements with respect to powers and jurisdict...
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Consider the following statements with respect to powers and jurisdictions of a High Court: High Courts have the power to decide the Constitutional validity of Laws enacted by Parliament. High Courts have original jurisdiction over disputes relating to the election of members of Parliament.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 'C'. Can you explain this answer?
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Consider the following statements with respect to powers and jurisdictions of a High Court: High Courts have the power to decide the Constitutional validity of Laws enacted by Parliament. High Courts have original jurisdiction over disputes relating to the election of members of Parliament.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 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements with respect to powers and jurisdictions of a High Court: High Courts have the power to decide the Constitutional validity of Laws enacted by Parliament. High Courts have original jurisdiction over disputes relating to the election of members of Parliament.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 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements with respect to powers and jurisdictions of a High Court: High Courts have the power to decide the Constitutional validity of Laws enacted by Parliament. High Courts have original jurisdiction over disputes relating to the election of members of Parliament.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 'C'. Can you explain this answer?.
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