Question
Consider the following statements: 1. The
Indian Parliament is not sovereign, and the legislation passed by it is subject to judicial review. 2. In India, the Fundamental Rights and Directive Principles of State Policy are enforceable by the courts. Which of the statements given above is/are correct?Solution
• The adoption of an independent Judiciary with the power of judicial review restricts the sovereignty of Indian Parliament. - Both the Supreme Court and high courts can declare the laws enacted by the Parliament as void and ultra vires (unconstitutional), if they contravene any provision of the Constitution. • Only Fundamental Rights are justiciable and enforceable, allowing persons to move the courts for their enforcement, if and when they are violated. - The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation.
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