UPSC Prelims 2019 Q81: Indian Polity – Judiciary

UPSC Prelims 2019, General Studies Paper I · Indian Polity

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 in 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) Neither 1 nor 2

Explanation

HCs and Judicial Review of Central Laws / Constitutional Amendments

Statement	Claim	Verdict	Detail
1	No HC can declare Central law unconstitutional	FALSE	HCs CAN strike down Central laws as unconstitutional under Article 226 (writ) and Article 227 (superintendence). This power is part of the basic structure.
2	Constitutional amendment cannot be questioned in SC	FALSE	SC CAN review constitutional amendments under the basic structure doctrine (Kesavananda Bharati 1973). Multiple amendments have been struck down (e.g., 42nd Amendment provisions, NJAC 99th Amendment).

Both statements are false. Answer: (d) Neither 1 nor 2.

Answer: (d) Neither 1 nor 2.

Why each option is right or wrong

(a) Incorrect. HCs CAN declare Central laws unconstitutional.
(b) Incorrect. SC CAN review constitutional amendments under basic structure.
(c) Incorrect. Both statements are wrong.
(d) CORRECT. Both statements are wrong - HCs have power to strike down Central laws, and SC can review constitutional amendments under the basic structure doctrine.

Key point

HCs can strike down Central laws (Article 226). SC can review constitutional amendments under basic structure (Kesavananda Bharati 1973).

Remember

Both statements are wrong. High Courts CAN declare Central laws to be constitutionally invalid (under Articles 226 and 227). The Supreme Court CAN review constitutional amendments under the Basic Structure Doctrine established in Kesavananda Bharati (1973) - and has struck down amendments that violate the basic structure.

Common mistakes

Assuming HCs cannot touch Central laws - they can, subject to appeal to SC.
Assuming constitutional amendments are supreme - they are subject to basic structure review.
Not knowing L. Chandra Kumar (1997) held judicial review of central laws by HCs to be part of basic structure.

Exam tip

Basic Structure landmark cases: Kesavananda Bharati (1973). Indira Nehru Gandhi v Raj Narain (1975). Minerva Mills (1980). Waman Rao (1981). L. Chandra Kumar (1997). I.R. Coelho (2007). Fourth Judges Case/NJAC (2015).

Sources

Constitution of India - Articles 226, 227, 32
SC judgment - Kesavananda Bharati v State of Kerala (1973), L. Chandra Kumar v UOI (1997)

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