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Principle: Only the Parliament or the State Legislatures have the authority to enact laws on their own. No law made by 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. The group of lawyers filed a writ petition against the Parliament for enacting such law and requests the court to quash the law and to direct the Parliament to make a new law.
No writ would lie against the Parliament, as the Court has no authority to direct the Parliament to enact or re-enact a law.
The Court can quash the existing law if it violates fundamental right and can direct to make a new law.
The Court can quash the existing law if it violates fundamental right but cannot direct the Parliament to make a new law.
None of these
From the given facts and principle, it is not clear whether the court can direct the Parliament to make a new law. Hence, "2" and "2", both remain debatable options. The court cannot enact laws according to principle, however the court can very well quash a law if it violates fundamental rights. Hence, option 2 is much appropriate answer
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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