Consider the following statements: 1. A citizen can move the Supreme ...
The Correct answer is option 'C' i.e Both 1 and 2 are correct. Let's discuss each statement in detail:
1. A citizen can move the Supreme Court if he/she finds a law unfair or unconstitutional:
- This statement is correct as Article 32 of the Indian Constitution gives the right to every citizen to move the Supreme Court if he/she feels that their fundamental rights have been violated.
- The Supreme Court, being the guardian of the Constitution, has the power to strike down any law or government action that goes against the fundamental rights of the citizens.
- This power of the Supreme Court is called the power of judicial review and it is one of the basic features of the Indian Constitution.
2. The Supreme Court and High courts can completely scrap a law if it does not conform to the constitutional framework:
- This statement is also correct as the Supreme Court and High Courts have the power of judicial review which enables them to strike down any law or government action that goes against the constitutional framework.
- This power is derived from the Constitution itself and is an essential part of the checks and balances system that ensures that no organ of the government becomes too powerful.
- However, it is important to note that the power of judicial review is not absolute and the courts can only strike down a law if it is found to be unconstitutional. The courts cannot interfere in matters of policy or legislative wisdom.
In conclusion, both statements are correct and highlight the important role of the Supreme Court and High Courts in upholding the Constitution and protecting the fundamental rights of the citizens.
Consider the following statements: 1. A citizen can move the Supreme ...
As under the article 32 i.e right to constitutional remedies it facility the citizen to move court in case of volation of any FR and SC under(article 32) & HC under (article 226) can declare law void and unconstitutional