What is Constitutional Validity?
Historical Background
Key Points
9 points- 1.
The Supreme Court has the power of judicial review under Article 13, Article 32, Article 226, and other relevant articles.
- 2.
Any law that violates the fundamental rights guaranteed by Part III of the Constitution can be declared unconstitutional.
- 3.
The principle of 'basic structure' limits the power of Parliament to amend the Constitution.
- 4.
The doctrine of 'separation of powers' ensures that no single branch of government has absolute power.
- 5.
Recent Real-World Examples
2 examplesIllustrated in 2 real-world examples from Feb 2026 to Mar 2026
Source Topic
POCSO Act and Consensual Relationships: A Complex Legal and Social Issue
Polity & GovernanceUPSC Relevance
Frequently Asked Questions
61. What is Constitutional Validity and its constitutional basis?
Constitutional Validity refers to whether a law or action is in accordance with the Constitution. The judiciary, especially the Supreme Court and High Courts, determines this. The basis lies in the supremacy of the Constitution and the power of judicial review.
Exam Tip
Remember that Constitutional Validity is checked by the courts based on the Constitution's principles.
2. What are the key provisions related to Constitutional Validity?
Key provisions include:
- •Article 13: Laws violating fundamental rights are void.
- •Article 32 & 226: Grants the Supreme Court and High Courts the power to issue writs for enforcement of fundamental rights.
- •Part III of the Constitution: Guarantees fundamental rights, any violation of which can lead to a law being declared unconstitutional.
