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The constitutional validity of a legislative enactment or an executive order can be challenged in the supreme court on the grounds:
1. It infringes the fundamental rights
2. It is outside the competence of the authority which has framed it
3. It is repugnant constitutional provisions
Choose from the following options.
- a)1 and 2 Only
- b)2 and 3 Only
- c)1 and 3 Only
- d)All of them
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
The constitutional validity of a legislative enactment or an executiv...
The constitutional validity of a legislative enactment of an executive order can be challenged in the Supreme Court or in the High Courts on the following three grounds.
(a) it infringes the Fundamental Rights (Part III),
(b) it is outside the competence of the authority which has framed it, and C) it is repugnant to the constitutional provisions.
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The constitutional validity of a legislative enactment or an executiv...
The correct answer is option 'D', which means that the constitutional validity of a legislative enactment or an executive order can be challenged in the supreme court on all three grounds mentioned: (1) it infringes the fundamental rights, (2) it is outside the competence of the authority which has framed it, and (3) it is repugnant to constitutional provisions. Let's discuss each of these grounds in detail:
1. Infringement of Fundamental Rights:
The Constitution of India guarantees certain fundamental rights to its citizens, such as the right to equality, freedom of speech and expression, right to life and personal liberty, etc. If a legislative enactment or an executive order violates any of these fundamental rights, it can be challenged in the supreme court. The court has the power to strike down such a law or order if it is found to be unconstitutional.
2. Outside the Competence of the Authority:
The Constitution of India clearly defines the powers and jurisdictions of different authorities, such as the legislature and the executive. If a legislative enactment or an executive order goes beyond the powers or jurisdiction of the authority which has framed it, it can be challenged in the supreme court. The court can declare such a law or order as invalid.
3. Repugnancy to Constitutional Provisions:
The Constitution of India is the supreme law of the land, and all legislative enactments and executive orders must conform to its provisions. If a law or order is found to be repugnant or inconsistent with the constitutional provisions, it can be challenged in the supreme court. The court has the authority to strike down such a law or order as unconstitutional.
The power of judicial review is an essential feature of the Indian Constitution, which enables the supreme court to examine the constitutional validity of legislative enactments and executive orders. This power acts as a check on the actions of the legislature and the executive, ensuring that they do not exceed their constitutional limits and do not violate the fundamental rights of the citizens.
In conclusion, the supreme court can challenge the constitutional validity of a legislative enactment or an executive order on the grounds of infringement of fundamental rights, being outside the competence of the authority, and repugnancy to constitutional provisions. This power of judicial review ensures the supremacy of the Constitution and protects the rights and liberties of the citizens.
1. Infringement of Fundamental Rights:
The Constitution of India guarantees certain fundamental rights to its citizens, such as the right to equality, freedom of speech and expression, right to life and personal liberty, etc. If a legislative enactment or an executive order violates any of these fundamental rights, it can be challenged in the supreme court. The court has the power to strike down such a law or order if it is found to be unconstitutional.
2. Outside the Competence of the Authority:
The Constitution of India clearly defines the powers and jurisdictions of different authorities, such as the legislature and the executive. If a legislative enactment or an executive order goes beyond the powers or jurisdiction of the authority which has framed it, it can be challenged in the supreme court. The court can declare such a law or order as invalid.
3. Repugnancy to Constitutional Provisions:
The Constitution of India is the supreme law of the land, and all legislative enactments and executive orders must conform to its provisions. If a law or order is found to be repugnant or inconsistent with the constitutional provisions, it can be challenged in the supreme court. The court has the authority to strike down such a law or order as unconstitutional.
The power of judicial review is an essential feature of the Indian Constitution, which enables the supreme court to examine the constitutional validity of legislative enactments and executive orders. This power acts as a check on the actions of the legislature and the executive, ensuring that they do not exceed their constitutional limits and do not violate the fundamental rights of the citizens.
In conclusion, the supreme court can challenge the constitutional validity of a legislative enactment or an executive order on the grounds of infringement of fundamental rights, being outside the competence of the authority, and repugnancy to constitutional provisions. This power of judicial review ensures the supremacy of the Constitution and protects the rights and liberties of the citizens.
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The constitutional validity of a legislative enactment or an executive order can be challenged in the supreme court on the grounds:1. It infringes the fundamental rights2. It is outside the competence of the authority which has framed it3. It is repugnant constitutional provisionsChoose from the following options.a) 1 and 2 Onlyb) 2 and 3 Onlyc) 1 and 3 Onlyd) All of themCorrect answer is option 'D'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about The constitutional validity of a legislative enactment or an executive order can be challenged in the supreme court on the grounds:1. It infringes the fundamental rights2. It is outside the competence of the authority which has framed it3. It is repugnant constitutional provisionsChoose from the following options.a) 1 and 2 Onlyb) 2 and 3 Onlyc) 1 and 3 Onlyd) All of themCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The constitutional validity of a legislative enactment or an executive order can be challenged in the supreme court on the grounds:1. It infringes the fundamental rights2. It is outside the competence of the authority which has framed it3. It is repugnant constitutional provisionsChoose from the following options.a) 1 and 2 Onlyb) 2 and 3 Onlyc) 1 and 3 Onlyd) All of themCorrect answer is option 'D'. Can you explain this answer?.
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