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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.
No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law
The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law
The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.
None of these
As per the Constitutional structure Court is the custodian of fundamental rights. The principle clearly states that only Parliament or State Legislature can enact laws. Courts can only interfere if there is violation of fundamental right. It is an interpreter of the Constitution of India and not a law making body. Hence, option 1 is the correct answer.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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