Judicial Independence and Constitutional Morality

Statement 1 is incorrect: The term "basic structure" is not explicitly mentioned in the Indian Constitution. It was first propounded by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court ruled that while Parliament has the power to amend the Constitution under Article 368, there are certain features of the Constitution that form its basic structure and cannot be altered or destroyed through amendments by Parliament. Although the basic structure doctrine includes elements such as federalism, secularism, democracy, and fundamental rights, these features are not explicitly listed as the 'basic structure' in the Constitution itself. Statement 2 is incorrect: The Constitution of India does not explicitly mention the power of judicial review. Instead, this power is derived from various provisions, particularly Articles 13, 32, 131-136, 143, 226, and 246. Judicial review allows the Supreme Court and High Courts to examine the constitutionality of legislative and executive actions, ensuring they do not violate fundamental rights or other constitutional provisions. This power is essential in maintaining the supremacy of the Constitution and protecting citizens' rights. Hence, neither of the statements is correct.

Statement 1 is incorrect. High Courts have the power to declare central laws unconstitutional. This power is derived from their inherent jurisdiction to uphold the Constitution. Statement 2 is incorrect. While the Supreme Court cannot question the amending power of the Parliament, it can review the constitutional validity of an amendment. The landmark case of Kesavananda Bharati v. State of Kerala established the doctrine of the 'basic structure' of the Constitution. Any amendment that violates this basic structure can be declared unconstitutional by the Supreme Court.

Statement 1 is Incorrect: The 44th Amendment actually aimed to reverse the provision introduced by the 39th Amendment, which had placed the elections of the President, Vice President, Prime Minister, and Speaker of the Lok Sabha beyond judicial review. The 44th Amendment restored the power of judicial review for these elections. Statement 2 is Correct: The Supreme Court of India struck down the 99th Constitutional Amendment Act, 2014, in 2015 in the case of Supreme Court Advocates-on-Record Association v. Union of India. This amendment sought to replace the Collegium system with the National Judicial Appointments Commission (NJAC) for appointing judges to the Supreme Court and High Courts. The Court held that the NJAC undermined judicial independence, a part of the basic structure doctrine, and was therefore unconstitutional.

Statement 1 is correct: The Ninth Schedule was introduced through the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights (Part III of the Constitution). Statement 2 is incorrect: The protection under the Ninth Schedule is not absolute. As per the Kesavananda Bharati case (1973) and reaffirmed in the I.R. Coelho case (2007), laws placed in the Ninth Schedule after April 24, 1973, can still be challenged if they violate the "Basic Structure" of the Constitution. Thus, while the Ninth Schedule provides a degree of protection, the Supreme Court retains the power to review laws that undermine the Constitution’s core principles. Hence, the correct answer is option (a) 1 only.

* Option (a) is correct: The concept of 'Due Process of Law' primarily means that the procedure through which a person is deprived of life or liberty must be fair, just, and reasonable, following the principles of natural justice. It ensures that laws are not only enacted properly but also applied fairly and reasonably. * Option (b) is not correct: The phrase 'Procedure established by law', used in Article 21 of the Indian Constitution, refers to any procedure laid down by law, even if it is unfair. However, after the Maneka Gandhi v. Union of India (1978) judgment, the Supreme Court read into Article 21 the American concept of ‘Due Process of Law’, ensuring fairness and reasonableness in both substance and procedure. * Option (c) is not entirely correct: While fair application of law is part of due process, the phrase ‘Due Process of Law’ has a broader meaning that encompasses substantive fairness, procedural justice, and conformity with natural justice. Hence, option (a) captures its essence more accurately. * Option (d) is not correct: Equality before law (Article 14) is a distinct constitutional principle and not equivalent to due process.