Polity & Governance2019
With reference to the Constitution of India, consider the following statements:
- No High Court shall have the jurisdiction to declare any
- 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?
Explanation
The correct option is "Neither 1 nor 2" because both statements misinterpret the scope of judicial review provided by the Constitution of India. Statement 1 is incorrect as High Courts have the power to assess the constitutionality of both central and state laws under Article 226. Statement 2 is also incorrect; while the Supreme Court respects the basic structure doctrine established in the Kesavananda Bharati case, amendments to the Constitution can indeed be reviewed if they violate the Constitution's fundamental principles, thus ensuring a system of checks and balances.
