AILET 2015 Question Paper with answer key for online practice

Question : 77 of 150

Marks: +1, -0

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 lawyersis 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 :

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.

Validate

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