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?
Answer & explanation
Answer: (d) Neither 1 nor 2
Both statements are wrong. High Courts, like the Supreme Court, can examine any law and declare it unconstitutional, and the Supreme Court can strike down even a constitutional amendment if it violates the basic structure.
- ✗ 1. Judicial review is the power of the Supreme Court or the High Courts to test whether any law conforms to the Constitution. A High Court can therefore hold a central law invalid.
- ✗ 2. In the Kesavananda Bharati case (1973) the Supreme Court held that even Parliament cannot violate the basic structure through an amendment. When the 42nd Amendment tried to assert parliamentary supremacy, the Court repeated its stand in Minerva Mills (1980).
Remember · Judicial review belongs to High Courts as well as the Supreme Court, and after Kesavananda Bharati (1973) the courts can strike down amendments that violate the basic structure.
📘 Read it in NCERT: Class 11 Indian Constitution at Work, Ch 6 (practise this chapter) · Class 11 Indian Constitution at Work, Ch 6 (practise this chapter) · Class 11 Indian Constitution at Work, Ch 9 (practise this chapter)
Sources
- NCERT Class 11 · Indian Constitution at Work, Chapter 6 “Judicial Review means the power of the Supreme Court (or High Courts) to examine the constitutionality of any law”
- NCERT Class 11 · Indian Constitution at Work, Chapter 6 “In this case, the Court ruled that there is a basic structure of the Constitution and nobody—not even the Parliament (through amendment)—can violate the basic structure.”
- NCERT Class 11 · Indian Constitution at Work, Chapter 9 “When these failed, the 42nd amendment was made and parliamentary supremacy was asserted. But the Court again repeated its earlier stand in the Minerva Mills case (1980).”
Question and answer: UPSC's official GS Paper I (2019, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). ·