If a law conflicts with the Constitution, what can a court do?
Answer and explanation
Correct answer: It can declare it unconstitutional
Under the power of judicial review, a court can declare a law unconstitutional if it violates the Constitution or Fundamental Rights. Such a law, or the conflicting part of it, cannot continue to operate. A court does not itself amend the Constitution; constitutional amendment is done through Parliament’s prescribed procedure. Exam tip: The power of courts to test a law against the Constitution is called judicial review.
Frequently asked questions
What is the correct answer to this question?
It can declare it unconstitutional
Why is this the correct answer?
Under the power of judicial review, a court can declare a law unconstitutional if it violates the Constitution or Fundamental Rights. Such a law, or the conflicting part of it, cannot continue to operate. A court does not itself amend the Constitution; constitutional amendment is done through Parliament’s prescribed procedure. Exam tip: The power of courts to test a law against the Constitution is called judicial review.
Which subject and chapter does this question cover?
This is a Class 9 Civics question. Chapter: Working of Institutions. Topic: The Judiciary (Supreme Court, High Courts, and judicial independence).
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