Crack Prelims
← Judiciary · Judicial review & landmark cases
Prelims 2019 · Q81 · Judicial review & landmark cases

With reference to the Constitution of India, consider the following statements :

  1. 1.No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
  2. 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?

Show answer

Answer: D. Statement 1 is wrong: High Courts can declare central laws unconstitutional under Article 226; the 42nd Amendment's limit on this was removed by the 43rd Amendment (1977). Statement 2 is wrong: constitutional amendments can be reviewed by the Supreme Court under the basic structure doctrine (Kesavananda Bharati, 1973). So neither.

Watch for: Article 368(4), added by the 42nd Amendment, says amendments cannot be questioned, but the Court struck that clause down in Minerva Mills (1980).

Why the other options are wrong
  • A. Wrong because High Courts can strike down central laws.
  • B. Wrong because the Supreme Court can strike down amendments that violate the basic structure.
  • C. Wrong because both statements are false.

Source to check: Constitution of India, Articles 13, 226 and 368; Kesavananda Bharati v. State of Kerala (1973); Minerva Mills v. Union of India (1980)

Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.