CLAT Legal-Aptitude: Questions 79 - 80 of 1066

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Question number: 79

» Law: Nature and Classification

Appeared in Year: 2012

MCQ▾

Question

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.

FACTS: 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.

Which of the following derivations is CORRECT?

Choices

Choice (4) Response
a.

No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law

b.

The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law

c.

The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.

d. None of the above

Question number: 80

» Law: Nature and Classification

Appeared in Year: 2012

Assertion-Reason▾

Assertion (Ꭺ)

The right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental rights is guaranteed as a fundamental right.

Reason (Ꭱ)

Supreme Court of India has been appointed as the guardian of the Constitution.

Choices

Choice (4) Response
a. Both Ꭺ and Ꭱ are true but Ꭱ is NOT the correct explanation of Ꭺ
b. Ꭺ is false but Ꭱ is true
c. Both Ꭺ and Ꭱ are true and Ꭱ is the correct explanation of Ꭺ
d. Both Ꭺ and Ꭱ are false

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