Polity & Governance Practice Question›› Indian Polity ››
Judiciary
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High Courts
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Question 1
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Consider the following statements:
1. High courts also have the power to review and correct their own judgement..
2. High courts have broader writ jurisdiction than the Supreme Court.
3. High courts are barred from considering the constitutional validity of any central law.
How many of the above statements are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
Explanation Statement 1 is correct: As a court of record, a high court also has the power to review and correct its own judgement or order or decision, even though no specific power of review is conferred on it by the Constitution. The Supreme Court, on the other hand, has been specifically conferred with the power of review by the constitution
Statement 2 is correct:The writ jurisdiction of the high court is wider than that of the Supreme Court. This is because the Supreme Court can issue writs only for the enforcement of fundamental rights and not for any other purpose, that is, it does not extend to a case where the breach of an ordinary legal right is alleged. In the Chandra Kumar case (1997), the Supreme Court ruled that the writ jurisdiction of both the high court and the Supreme Court constitute a part of the basic structure of the Constitution. Hence, it cannot be ousted or excluded even by way of an amendment to the Constitution.
Statement 3 is not correct: The 42nd Amendment Act of 1976 curtailed the judicial review power of the high court. It debarred the high courts from considering the constitutional validity of any central law. However, the 43rd Amendment Act of 1977 restored the original position.
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