Statement 1 is incorrect. Under the Constitution of India, High Courts have the power of judicial review (Articles 226 and 227). This power includes the jurisdiction to examine and, if found unconstitutional, declare any law, including central laws, to be constitutionally invalid, within their territorial jurisdiction. This power is part of the basic structure of the Constitution. Statement 2 is incorrect. The Supreme Court of India has the power of judicial review over constitutional amendments. The landmark Kesavananda Bharati case (1973) established the "Basic Structure Doctrine," which holds that Parliament cannot amend the Constitution in a way that alters its basic structure. The Supreme Court can therefore call into question and strike down a constitutional amendment if it violates the basic structure of the Constitution.
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?
Asked in UPSC IAS 2019 · Topic: The Supreme Court (Judicial Review and Basic Structure Doctrine)
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