Q. The Article 13 of the Indian constitution states that any law which contravenes fundamental rights can be declared void by the Judiciary. In this context, consider the following statements:
1. Laws enacted by both the Parliament and State legislative assembly can be struck down by the High court, if it violates fundamental rights.
2. Both the Supreme court and High court can strike down the constitutional amendment act that contravenes fundamental rights.
3. No Social practice, violating fundamental rights, can be struck down by the Supreme Court.
4. Executive actions by civil servants are beyond the scope of article 13 and cannot be struck down by the Supreme court.
How many of the above given statements is/ are correct?
Exp) Option b is the correct answer.
Statement 1 is correct: It is true that laws enacted by both the Parliament and State legislative assembly can be struck down by the High court if it violates fundamental rights. Article 226 of the Indian constitution provides the high court and Article 32 provides the supreme court – the power of judicial review.
Statement 2 is correct: Article 13 uses wider definition of laws, as per article 13 constitutional amendment act too is a law. Thus, any constitutional amendment act which contravenes the provisions of fundamental rights can be struck down by the Supreme court and High court.
Statement 3 is incorrect: As per Article 13, a law includes a custom or social practises having the force of law. The Supreme Court can ban those social practices which contravenes fundamental rights.
Statement 4 is incorrect: Executive actions by civil servants which violate fundamental rights can be struck down by the Supreme Court. As per Article 13, a law includes delegated legislation such as order, bye law, rules and regulations.
