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CSEET · Business Laws and Management · Introduction to Law

Parliament passes an Act, and a trader challenges it, arguing that it takes away a right guaranteed by Part III of the Constitution. The Supreme Court examines the Act against the Constitution and declares it void to the extent of the inconsistency. Which doctrine or power is the Court exercising?

The Court is exercising judicial review. This is the power of the courts to test a law against the Constitution and declare it void to the extent it contravenes Fundamental Rights or other constitutional provisions. The other doctrines relate to legislative competence or advice, not striking down a challenged Act.

  1. AJudicial reviewCorrect
  2. BDoctrine of pith and substance
  3. CDoctrine of colourable legislation
  4. DAdvisory jurisdiction

Explanation

Judicial review is the power of courts to examine the constitutionality of laws and declare them void if they conflict with the Constitution, notably Fundamental Rights (Article 13). Pith and substance determines the true subject matter of a law for Union-State competence. Colourable legislation concerns legislating indirectly beyond power. Advisory jurisdiction responds to the President's reference and does not strike down an Act in a dispute.

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