Q81. With reference to the Constitution of India, consider the following statements:
- No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
- 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?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: D
- Statement 1 is not correct: The 42nd Amendment Act of 1976 curtailed the judicial review power of high court. It debarred the high courts from considering the constitutional validity of any central law. However, the 43rd Amendment Act of 1977 restored the original position. High Court has the power to invalidate any central law which goes against the ethos of the constitution.
- Statement 2 is not correct: If any constitutional amendment goes against the basic structure of the constitution, Supreme court has the power to call it into question. In 2015, the Supreme Court declared both the 99th Constitutional Amendment, 2014 and the National Judicial Appointments Commission (NJAC) Act, 2014 as unconstitutional and null and void.
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