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Law · Q1538

Constitution Of India

Graduate and Post Graduate · Law · question 1538

Q1538

Parliament in exercise of power under Article 368 makes a law which does away with the 'fundamental right conferred under Article 15 of the Constitution of India. The Executive seeks to defend the challenge instituted in court based on clause (d) of Article 368, which prohibits such action being questioned in court on any ground. Can the challenge in Court be sustained?

A.
No, the challenge if made in a court action cannot be sustained
B.
Challenge is sustainable
Answer
C.
The only remedy lies in bringing a fresh amendment
D.
None of the above

Answer: Option B

Solution

Answer: Option B
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