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
Explanation
The correct answer is D, Neither 1 nor 2. Both statements deny powers of judicial review that Indian courts clearly hold. Statement 1 is wrong. High Courts can examine the validity of central laws under Article 226 and strike them down if they violate the Constitution. The 42nd Amendment (1976) tried to stop High Courts from doing this through Article 226A, but the 43rd Amendment (1977) repealed that provision and restored their power. Statement 2 is wrong. In Kesavananda Bharati (1973) the Supreme Court held that Parliament's power to amend under Article 368 cannot destroy the basic structure of the Constitution, and in Minerva Mills (1980) it struck down clauses of the 42nd Amendment that tried to put amendments beyond judicial review. The court has since examined many amendments, such as the 99th (NJAC), which it struck down in 2015. So option A, option B and option C, which treat one or both statements as correct, are all wrong. Exam tip: High Courts review central laws (Art. 226); the Supreme Court reviews constitutional amendments against the basic structure (Kesavananda 1973, Minerva Mills 1980).
Practice Questions
View allA special address by the Governor refers to the address delivered by the Governor
- A.when President's Rule is called for
- B.when a national emergency necessitates dissolution of the Legislative Assembly
- C.at the commencement of the first session after general election and at the first session of each year
- D.whenever he/she has concluded that such is necessary
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Article 176 of the Constitution requires the Governor to give this special address on these two occasions. In the address the Governor tells the legislature why it has been summoned and sets out the policies and programme of the state government, whose council of ministers actually prepares the text.
Read the full explanation →Which one of the following Schedules of the Constitution of India has fixed the number of Members of the Rajya Sabha to be elected from each State?
- A.Fifth Schedule
- B.Third Schedule
- C.Sixth Schedule
- D.Fourth Schedule
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The Fourth Schedule allocates seats in the Rajya Sabha to each State and Union Territory, read with Articles 4(1) and 80(2).
Read the full explanation →Which one among the following is not a character of a secular State?
- A.It refuses theocracy.
- B.It separates religion from the State.
- C.A State in order to be secular must be democratic.
- D.It must prevent religious conflict and promote religious harmony.
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Secularism concerns the relation between the State and religion, and being democratic is not part of its definition. A secular State is not run by a religious order, keeps religious institutions and State institutions apart, and does not favour or persecute any religion.
Read the full explanation →In the context of polity, which one of the following would you accept as the most appropriate definition of liberty?
- A.Protection against the tyranny of political rulers
- B.Absence of restraint
- C.Opportunity to do whatever one likes
- D.Opportunity to develop oneself fully
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In political theory, and in the spirit of the Indian Constitution, liberty means positive freedom: the conditions and opportunities a person needs to develop their personality fully.
Read the full explanation →Constitutional government means
- A.a representative government of a nation with federal structure
- B.a government whose Head enjoys nominal powers
- C.a government whose Head enjoys real powers
- D.a government limited by the terms of the Constitution
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Constitutional government means limited government: those in power can act only within the limits that the constitution lays down. The essence of constitutionalism is that state power is restrained by a higher law, so that rights are protected and authority cannot be used arbitrarily.
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