Q. With reference to Judicial Review under Indian Constitution, which of the following statement(s) is/are correct?
Select the correct answer using the code given below:
Q. With reference to Judicial Review under Indian Constitution, which of the following statement(s) is/are correct?
Select the correct answer using the code given below:
The correct option is B 2 only
Explanation:
Statement 1 is incorrect: As per the 42nd Constitutional Amendment Act, 1976, under Article 226A, a High Court could not adjudicate upon the validity of a centra law but this was overruled by the 43rd Constitutional Amendment Act which repealed the Article 226A and hence, the High Courts along with the Supreme Court have the authority to decide on the validity of the Central law.
Statement 2 is correct: The Supreme Court is the final interpreter of the Constitutional provisions deciding upon the scope, meaning and extent of the provision. This was held in many cases, such as A.K Gopalan vs. State of Madras, Navtej Johar vs. Union of India, et. al.
Explanation:
Statement 1 is incorrect: As per the 42nd Constitutional Amendment Act, 1976, under Article 226A, a High Court could not adjudicate upon the validity of a centra law but this was overruled by the 43rd Constitutional Amendment Act which repealed the Article 226A and hence, the High Courts along with the Supreme Court have the authority to decide on the validity of the Central law.
Statement 2 is correct: The Supreme Court is the final interpreter of the Constitutional provisions deciding upon the scope, meaning and extent of the provision. This was held in many cases, such as A.K Gopalan vs. State of Madras, Navtej Johar vs. Union of India, et. al.
