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Supreme Court can decide
Question

Supreme Court can decide

A.

matters of policies of the Government

B.

matters relating to propriety or need of a legislation

C.

whether or not the Farm Legislations passed by Parliament in 2020 are beneficial to the farmers

D.

whether or not Farm legislations passed by Parliament in 2020 deal with trade and commerce of foodstuffs

Correct option is D

The correct answer is (d) whether or not Farm legislations passed by Parliament in 2020 deal with trade and commerce of foodstuffs.

Explanation

The Supreme Court of India functions as the guardian of the Constitution. Its primary role in judicial review is to determine the legality and constitutionality of a law, rather than its socioeconomic merits or political wisdom.

  • Why (d) is correct: This involves a question of legislative competence. The constitutional challenge to the 2020 Farm Laws (specifically in cases like Rakesh Vaishnav v. Union of India) rested largely on whether the Union Parliament had the power to legislate on agriculture (a State List subject) by using its powers under Entry 33 of the Concurrent List, which relates to the trade and commerce of foodstuffs. Determining whether a law "deals with" a specific subject matter to establish the Parliament's authority is a core judicial function.
  • Why (a) and (b) are incorrect: The Supreme Court has consistently held that it cannot sit in judgment over government policy or the propriety/need for a particular legislation. If a policy is not unconstitutional or illegal, the Court will not interfere simply because it believes a better policy could exist. These are matters for the Executive and Legislature respectively.
  • Why (c) is incorrect: Whether a law is "beneficial" or "harmful" is a matter of political and economic debate, not a legal one. The Court does not decide on the "wisdom" of a law or its outcomes for a specific group unless those outcomes violate Fundamental Rights (like the Right to Equality or Right to Life).

Information Booster:

The "Doctrine of Legislative Competence" is the primary tool the Court uses to decide such cases.

Key Principles of Judicial Review:

  • Constitutional Validity: The Court only checks if the law violates any part of the Constitution or if the legislature lacked the power to make it.
  • Separation of Powers: The Court respects the "wisdom of the legislature." It assumes a law is constitutional (Presumption of Constitutionality) unless proven otherwise.
  • Pith and Substance: To decide option (d), the Court uses the Doctrine of Pith and Substance. It looks at the "true nature" of the law to see which list (Union, State, or Concurrent) it actually belongs to, regardless of incidental overlaps.

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