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

Which of the following statements about the relationship between legislation and judicial precedent in India is correct?

Courts interpret statutes but cannot disregard valid ones, and Parliament may change the effect of a judicial precedent by validly amending the underlying law. Precedent therefore does not freeze the law, and a High Court ruling cannot override an Act of Parliament merely on the basis of age.

  1. AA court may interpret a statute but cannot ignore it, and Parliament can change a precedent by amending the law on which it restsCorrect
  2. BA High Court precedent overrides an Act of Parliament if the Act is older
  3. CA Supreme Court ruling permanently freezes the law and Parliament cannot alter its basis
  4. DPrecedent is the primary source and legislation is only secondary in all cases

Explanation

Courts interpret and apply statutes, and can strike them down only for unconstitutionality. Parliament can alter the legal basis of a ruling by amending the statute validly, removing the defect pointed out by the court. A High Court cannot override an Act merely because the Act is older, and statute is not secondary to precedent.

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