Question

Consider the following statements: Which of the above is/are correct?

1. Article 131A gave High Courts exclusive power to decide on central laws' validity.
2. It was repealed by the 43rd Constitutional Amendment.

• A. Only 1
• B. Only 2
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

Answer:

B. Only 2

Overview of Article 131A

• Constitutional Context: Article 131A was inserted into the Constitution of India by the 42nd Constitutional Amendment Act of 1976.
• Purpose: This article sought to restrict the jurisdiction of High Courts by stating that only the Supreme Court of India had the authority to determine the constitutional validity of any central law. It effectively removed the power of High Courts to adjudicate on the constitutional validity of central legislation.
• Status of State Laws: While it restricted power over central laws, it did not diminish the High Courts' authority over state laws.
• Repeal: Following the change in government and the subsequent rollback of many 42nd Amendment provisions, Article 131A was repealed by the 43rd Constitutional Amendment Act, 1977.
• Aftermath: The repeal restored the original constitutional position, ensuring that High Courts regained their jurisdiction to examine the constitutional validity of central laws alongside the Supreme Court.
• Significance for Competitive Exams: The 42nd Amendment is often referred to as a 'Mini-Constitution' due to the vast number of changes made. The 43rd and 44th Amendments are specifically noted for removing many of the restrictive clauses introduced by the 42nd Amendment, particularly those that curtailed judicial review.