Question:
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person’s fundamental right.
FACTUAL SITUATION : Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers files a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.|
DECISION :
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person’s fundamental right.
FACTUAL SITUATION : Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers files a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.|
DECISION :
LEGAL PRINCIPLE : Only Parliament or State Legislatures have the authority to enact laws on their own. No law made by the State can take away a person’s fundamental right.
FACTUAL SITUATION : Parliament enacted a law, which according to a group of lawyers is violating the fundamental rights of traders. A group of lawyers files a writ petition challenging the Constitutional validity of the statute seeking relief to quash the statute and further direct Parliament to enact a new law.|
DECISION :
Updated On: Aug 5, 2024
- The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.
- The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law
- No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.
- The court cannot quash the law as reasonable restrictions can be put on the fundamental rights.
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The Correct Option is A
Solution and Explanation
The correct option is (A): The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.
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