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An existing law inconsistent with fundamental right; though become inoperative from the date of commencement of constitution is dead altogether
The above said law can be reviewed at the instance of Supreme Court
The above said law can be reviewed by subsequent constitutional amendment
None olf the above
The above said law can be reviewed by subsequent constitutional amendment.
Article 13 expressly sets the principle of the supremacy of fundamental rights over any other law in the case of inconsistency between the two.
This means Parliament had the power to amend any part of the constitution including Fundamental rights.
However, in the Golaknath case (1967), the Supreme Court held that Parliament could not amend Fundamental Rights, and this power would be only with a Constituent Assembly.
Moreover, The Doctrine of Eclipse states that any law which is inconsistent with fundamental rights is not invalid. It is not totally dead but overshadowed by the fundamental right. The inconsistency (conflict) can be removed by constitutional amendment. The amendment to the relevant fundamental right will remove the eclipse and the entire law becomes valid.
Hence option 2nd is correct.
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