UPSC CSE Prelims 2019
Correct Option (d):
Both statements 1 and 2 are incorrect.
Statement 1 is incorrect:
High Courts possess the power of judicial review under Articles 226 and 227 of the Constitution. This power enables them to examine the constitutionality of both central and state laws. If a law is found to violate fundamental rights or any other constitutional provision, the High Court can declare it unconstitutional. Therefore, the statement that no High Court shall have jurisdiction to declare any central law constitutionally invalid is incorrect.
Statement 2 is incorrect:
The Supreme Court of India exercises the power of judicial review over constitutional amendments. In the landmark Kesavananda Bharati case (1973), the Supreme Court propounded the 'Basic Structure Doctrine', asserting its authority to strike down constitutional amendments that violate the basic structure of the Constitution. This principle was reaffirmed in subsequent cases, such as the I.R. Coelho case (2007), where it was held that even laws placed under the Ninth Schedule are subject to judicial review if they contravene the basic structure. Hence, the statement that a constitutional amendment cannot be called into question by the Supreme Court is incorrect.