With reference to the Constitution of India, consider the following statements:
1. No High Court shall have th

Question

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?

Accepted Answer

The High Courts, under Article 226, and the Supreme Court, under Article 32, have the power of judicial review to declare both central and state laws unconstitutional. This power extends to striking down laws that violate the Constitution. Furthermore, while the basic structure doctrine limits the amendment power, the Supreme Court can still examine constitutional amendments to ensure they do not violate this doctrine, meaning amendments can be called into question. Therefore, neither statement is correct.