Influential examples of Supreme Court decisions that declared U.S. laws unconstitutional include Roe v. Wade (1973), which declared that prohibiting abortion is unconstitutional, and Brown v. Board of Education (1954), which found racial segregation in public schools to be unconstitutional.

The judicial branch

The primary function of the judicial branch is to fairly and impartially settle disputes according to the law. To do this, a number of courts have been established in the state by the Constitution and by acts of the General Assembly.

The lower court can declare a certain law unconstitutional but Bonachita said it was subject for an appeal. Bonachita explained that if the Supreme Court will uphold the decision of the lower court citing a certain law as unconstitutional, that law loses its enforceability.

To challenge the constitutionality of a statute, a plaintiff must have standing, a necessary component of the court’s subject matter jurisdiction. Standing requires a real controversy between the parties that will be actually determined by the judicial declaration sought.

High courts of any States cannot declare any provision of Central law unconstitutional for all country but it should be noted that if there is any provision in a central law in which state can make the rules only then High Court declare that part unconstitutional but it is very much obvious that will be applicable for …

The Supreme Court, on November 17, asked a petitioner to take his petition challenging a central law to the high court. Every High Court in the country has the power to strike down a law for being in the teeth of Article 245, 246 or Part III of the Constitution.”

Parliament by law may extend the jurisdiction of a High Court to or exclude the jurisdiction of a high court from any union territory.

No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.