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CMA Foundation · Fundamentals of Business Laws and Business Communication · Legal Methods and Court System in India

A dispute arises between a citizen and the Union Government over whether a tax law violates a fundamental right guaranteed by the Constitution. Which branch of law governs the examination of this dispute?

The dispute is governed by constitutional law, which is a branch of public law. It deals with the powers of the State and the rights of individuals against it, so a challenge to a tax law on fundamental rights falls here rather than in private law.

  1. AConstitutional law, a branch of public lawCorrect
  2. BLaw of contract, a branch of private law
  3. CLaw of torts, a branch of private law
  4. DLaw of property, a branch of private law

Explanation

A challenge to a statute on the ground of a fundamental right concerns the relationship between the individual and the State and the limits of State power. That is the field of constitutional law, which is part of public law. Contract, tort and property govern relations between private persons.

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