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CLAT CLAT Solved Paper-2013

  • question_answer
    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.

    A)  No writ would lie against the Parliament, as the Court has no authority to direct the Parliament to enact or re-enact a taw

    B)  The Court can quash the existing law, if it violates fundamental right and can direct to make a new law

    C)  The Court can quash the existing law, if it violates fundamental right but cannot direct the Parliament to make a new law

    D)  None of the above                                  

    Correct Answer: C

    Solution :

    Ans.  According to the principle, only the Parliament or State legislature have the authority to enact laws on their own. In the current scenario, the court can quash the existing law, if it violates fundamental right but cannot direct the Parliament to make a new law, because, judiciary, legislature and executive have a clear set of powers and no one among the three is given a power to interfere in the jurisdiction of the other two.


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