Q. 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 only
  • 2 only
  • Both 1 and 2
  • Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Notes:
  • Both the SC and HCs have the jurisdiction to question the validity of a constitutional amendment or a central law.
  • Though the 42nd Amendment Act of 1976 curtailed the judicial review power of high courts and debarred the high courts from considering the constitutional validity of any central law.
  • However, the 43rd Amendment Act of 1978 restored the original position of the high courts and now the High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
  • High Courts have the jurisdiction to declare any central law to be constitutionally invalid.
  • As the Supreme Court is the guardian of the Constitution and so any constitutional amendment that is against the basic structure of the constitution which was derived in Keshava Nanda Bharti case, 1973 can be nullified by the Supreme Court.
    • The ‘basic structure’ doctrine has since been interpreted to include
      • the supremacy of the Constitution,
      • the rule of law,
      • Independence of the judiciary,
      • doctrine of separation of powers,
      • sovereign democratic republic,
      • the parliamentary system of government,
      • the principle of free and fair elections,
      • welfare state, etc.