Question

Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
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 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.|
DECISION :

• A. The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.
• B. The court can quash existing law if it violates fundamental rights and can direct Parliament to make a new law
• C. No writ would lie against Parliament, as the court has no authority to direct Parliament to enact or re-enact a law.
• D. The court cannot quash the law as reasonable restrictions can be put on the fundamental rights.

Answer 1

Answer: (A)

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

Answer 2

The correct option is (A): The court can quash the existing law if it violates fundamental rights but cannot direct Parliament to make a new law.