Question

If the parliament passes a law which is against the constitution, it can be declared unconstitutional by the
A)Supreme Court
B)President
C)Chief justice of India
D)A bench of High court judges

Answer 1

Hint: As we know that but like every other fundamental right, the government also has the power to force reasonable restrictions. The various ideas by the constitution bench probe into this question, carrying out what could ultimate be used by the government as fair restrictions on the fundamental right of privacy.

Complete answer:
We need to know that there are three pillars of democracy: legislative, executive and judiciary. Legislature makes the laws, executives implement the law, while judiciary keeps a check over the laws made by legislatures.

‘Judicial review’ is the process of examining the constitutionality of laws made by central or state governments. If any law is found ultra-vires to the provisions of the constitution, then that law can be declared unconstitutional or illegal by the judiciary.
The power of ‘judicial review’ is conferred on the Supreme Court by the Indian constitution through article $13$ . The law or executive order can be challenged in Supreme Court if:

1)It infringes the fundamental rights.

2)The authority which has enacted the law has exceeded its jurisdiction in that case. Like for instance, the state government has made a law on the subject of union list, then that law can be declared unconstitutional or illegal by the court.

3)If it is ultra vires to the provisions of the constitution. Like for instance, an amendment that violates basic structure as stated by the Supreme Court can be declared unconstitutional.

Hence, the correct answer is option (A)

Note: In this way, the constitution has made the Supreme Court, the protector of the constitution. On the other hand, the high courts are also conferred with the power of judicial review as they can determine the constitutionality of state laws. Here also the appeal lies to the Supreme Court against the order of any high court.