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. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Explanation

Statement 1 is incorrect

• High Courts in India do have the jurisdiction under Article 226 of the Constitution to declare a central law constitutionally invalid, provided it violates the provisions of the Constitution.

Statement 2 is incorrect

• The Supreme Court of India, can examine the validity of constitutional amendments. The Court laid down the Basic Structure Doctrine in the landmark Kesavananda Bharati v. State of Kerala (1973) case, which allows it to strike down any constitutional amendment that violates the basic structure of the Constitution.

Answer: (d) Neither 1 nor 2; Difficulty Level: Easy