Q81 · UPSC Prelims 2019 · Set A · Polity and Governance

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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?

A 1 only
B 2 only
C Both 1 and 2
D Neither 1 nor 2

Correct answer: (d) Neither 1 nor 2

Explanation

  1. A

    1 only

    (a) 1 only. Statement 1 is false: after the 43rd Amendment reversed the 42nd Amendment’s bar, High Courts may strike down central laws. Not the key.

  2. B

    2 only

    (b) 2 only. Statement 2 is false: the Supreme Court can test a constitutional amendment against the basic structure (Kesavananda Bharati). Not the key.

  3. C

    Both 1 and 2

    (c) Both 1 and 2. Both statements fail. Not the key.

  4. D

    Neither 1 nor 2

    (d) Neither 1 nor 2. High Courts have jurisdiction over central laws; the Supreme Court can invalidate a constitutional amendment that damages the basic structure. That is the official key.

Summary. Official key is (d). Both statements are false. High Courts are not barred from holding a Union law unconstitutional. Constitutional amendments are judicially reviewable on basic-structure grounds. Honour (d).

Same topic · past papers

UPSC has asked this before

These previous-year questions sit on the same topic. Open one to practise the earlier ask.

  1. 2023 · Q36 · General Studies · 2 marks

    Consider the following statements: 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid. 2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place. 3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent. How many of the above statements are correct?

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