Can the Supreme Court declare a law unconstitutional in India?
Asked by: Miss Pearline Nienow DDS | Last update: April 17, 2026Score: 4.2/5 (31 votes)
Yes, the Supreme Court of India, along with High Courts, can declare laws unconstitutional through Judicial Review, invalidating them if they conflict with the Constitution, especially Fundamental Rights, under Articles 13, 32, and 226, effectively striking them down as if they never existed. This power allows courts to review legislative actions and constitutional amendments (under the Basic Structure Doctrine) to ensure they align with constitutional principles.
Who has the power to declare a law unconstitutional in India?
Judicial Review means the power of the Supreme Court (or High Courts) to examine the constitutionality of any law if the Court arrives at the conclusion that the law is inconsistent with the provisions of the Constitution, such a law is declared as unconstitutional and inapplicable.
Can a Supreme Court decision be challenged in India?
If a judgment contradicts earlier rulings or settled legal principles laid down by the Supreme Court, an appeal can be sought to resolve the inconsistency. Appeals are permitted where a decision leads to a miscarriage of justice, violates a fundamental right, or breaches constitutional provisions.
Can the Supreme Court declare laws unconstitutional?
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
What are the powers of the Supreme Court in India?
In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court for enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.
क्या HIGH COURT CENTRAL ACT को UNCONSTITUTIONAL कर सकता है? क्या निर्णय पूरे देश मे लागू होगा?
Who is more powerful, the president or the Supreme Court in India?
As per the Article 142 of the constitution, the court has the inherent jurisdiction to pass any order deemed necessary in the interest of complete justice which becomes binding on the president to enforce.
Can Supreme Court decisions be overturned?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.
Who can overturn a law that is unconstitutional?
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
How many times has the Supreme Court declared a law unconstitutional?
As of 2014, the United States Supreme Court has held 176 Acts of the U.S. Congress unconstitutional. In the period 1960–2019, the Supreme Court has held 483 laws unconstitutional in whole or in part.
Who can still declare the law unconstitutional?
State lawsuits challenging federal law
A state may challenge the constitutionality of a federal statute by filing a lawsuit in court seeking to declare the federal law unconstitutional. Such a lawsuit is decided by the courts, with the Supreme Court having final jurisdiction.
Which is more powerful, Parliament or Supreme Court in India?
By upholding the supremacy of the Constitution, the Supreme Court acts as the final arbiter of legal disputes, embodying the rule of law in the Indian democracy. In contrast, the Parliament, while vested with legislative authority, operates within the framework established by the Constitution.
Can a President overturn a Supreme Court decision in India?
Under Article 217(1) of the Constitution, the President with a consultation with the Governor of the State, the Chief Justice of India and the Chief Justice of the State. The President also has the power to rectify the judgment dictated by the court.
Can you fight a Supreme Court decision?
Any party may file a petition for review of any Court of Appeal order or decision, as California Rules of Court, rule 8.500(a) provides. The petition for review must be served and filed within 10 days after the Court of Appeal decision becomes final, as explained in California Rules of Court, rules 8.500(e) and 8.264.
What is 377 law in India?
India Code: Section Details. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Why Indian judiciary is one of the most powerful in the world?
The Indian Judiciary is endowed with great power. The Supreme Court and high court can interpret the constitution, can declare any law invalid and have the power of Judicial review. This makes the Indian judiciary one of the most powerful Judiciary systems in the world.
Which is the most misused law in India?
Abstract. The protective laws enacted to safeguard women's rights in India have been misused to harass & exploit men, leading to a crucial social & legal challenge.
What is considered the worst Supreme Court case ever?
While subjective, Dred Scott v. Sandford (1857) is widely considered the worst Supreme Court case ever for denying Black people citizenship, fueling slavery, and pushing the nation toward Civil War, with other notorious decisions including Plessy v. Ferguson (1896) (sanctioning segregation) and Korematsu v. United States (1944) (upholding Japanese internment). More recent controversial rulings often cited include Citizens United v. FEC (2010) (campaign finance) and Kelo v. New London (2005) (eminent domain).
What happens if the Supreme Court says a law is unconstitutional?
3 The judicial pronouncement of unconstitutionality is regarded as something akin to an executive veto: The disapproved law is “struck down” — either in whole or in part — and the portions or applications of the statute that contradict the judiciary's interpretation of the Con stitution are treated as a legal nullity.
Can the president change the number of Supreme Court Justices?
No, the President cannot unilaterally change the number of Supreme Court Justices; that power belongs to Congress, which can pass a law (like the Judiciary Acts) to alter the size, and the President would then sign it, but the President cannot just add justices on their own. Congress sets the number of justices, and while historically it's been nine since 1869, they have the constitutional authority to change it through legislation, though doing so for purely political reasons (like "court packing") is controversial and has never succeeded, notes Stevens & Lee and NBC News.
Can Congress eliminate the Supreme Court?
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. See . Congress cannot abolish the high court. See .
Who has the power to nullify a law?
Nullification and the Supreme Court. Definition: The theory that the states are the final arbiters of the limits of national authority and that each may veto the enforcement of federal laws it determines to be unconstitutional, at least within its own boundaries.
Who can change the Supreme Court?
The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.
Who can supersede the Supreme Court?
Congress can influence and limit the judicial branch, and the judiciary can check Congress's powers. Legislative Branch's Checks on the Judicial Branch: Impeachment power: Congress can impeach and remove federal judges, including Supreme Court justices, for misconduct.
Has a Supreme Court decision ever been reversed?
Yes, the U.S. Supreme Court frequently reverses its own prior decisions and those of lower courts, a process known as overturning precedent, with famous examples including Brown v. Board of Education (overruling Plessy v. Ferguson) and West Coast Hotel v. Parrish (ending the Lochner era), demonstrating the Court's ability to correct perceived errors and adapt to changing societal understanding.
Does the president have power over the Supreme Court?
The president nominates Supreme Court justices, but the Senate has the sole power to confirm those appointments.