UPSC Prelims 2019 · GS Paper I
Question 81: Polity and Governance
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?
AnswerUPSC’s answer is (d).
Neither statement is correct. High Courts have the power of judicial review under Article 226 and can declare a central law unconstitutional, although the Supreme Court's ruling prevails over theirs. Constitutional amendments are also open to review: in Kesavananda Bharati (1973) the Supreme Court held that Parliament cannot alter the basic structure, so an amendment that does so can be struck down, as the 99th Amendment was in 2015.
- 1. High Courts can strike down central laws under Article 226.
- 2. Amendments can be struck down if they violate the basic structure.
How you could have got this
- If you were sure statement 1 is not correct, (a) and (c) go: each of them includes 1.
What you needed to know: High Courts can strike down central laws under Article 226.
- Then, if you were sure statement 2 is not correct, (b) goes: it includes 2.
What you needed to know: Amendments can be struck down if they violate the basic structure.
Only (d) is left. This one needs every statement.
Which options go is worked out from UPSC’s key and the options, not by a model.
Why each option is right or wrong
- (a) High Courts can declare central laws invalid, so statement 1 is false.
- (b) The Supreme Court can review amendments on the basic structure test, so statement 2 is false.
- (c) Both statements are false.
- (d) Correct: both statements are wrong.
Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2019, General Studies Paper I, Series A. The paper on upsc.gov.in.