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What authority does the Supreme Court have over laws infringing on basic rights?
Question

What authority does the Supreme Court have over laws infringing on basic rights?

A.

It can declare the law null and void.

B.

It can delay its implementation.

C.

It can rewrite the law.

D.

It can request Parliament to amend it.

Correct option is A

The correct answer is (a) It can declare the law null and void.
Explanation:
• The Supreme Court has the power of judicial review under Articles 13 and 32.
• It can strike down laws that violate Fundamental Rights guaranteed by Part III of the Constitution.
• Such laws are considered “ultra vires” (beyond legal authority).
• This power ensures constitutional supremacy and protection of individual rights.
• It reinforces the doctrine of the basic structure as propounded in the Kesavananda Bharati case (1973).
Information Booster:
• Article 32 is considered the "heart and soul" of the Constitution (B.R. Ambedkar).
• The Court’s power to review legislation is a key check on the legislature.
Additional Knowledge:
It can delay its implementation (Option b)
• The Court does not delay laws; it can only uphold or strike down.
It can rewrite the law (Option c)
• The judiciary interprets, not creates or rewrites law. That is the legislature’s job.
It can request Parliament to amend it (Option d)
• The Court may suggest, but cannot request Parliament to amend.

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