3rd JAN 2020 | Prelims Daily with Previous Year Questions

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3 responses to “3rd JAN 2020 | Prelims Daily with Previous Year Questions”

1. 

   January 4, 2020

   can someone please elaborate on option 1 of Q5

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   1. 

      January 4, 2020

      Parth Verma

      Hi @vikas6779, option 1 simply says that High Courts cannot declare any law made by the Parliament as unconstitutional. However, no such explicit restriction is placed on the powers of High Courts in the Constitution. Moreover, article 226 (2) states that if the cause of action arises in the territory over which the said High Court exercises its jurisdiction, the High Court can exercise its powers under the article 226(1) irrespective of the fact that the “seat of such Government or authority or the residence of such person is not within those territories”.
      Let us consider a hypothetical example- Suppose Parliament passed a bizarre law that says you cannot travel on Mumbai Local trains if you are blue-eyed. Feeling aghast, you filed a petition in Bombay High Court. Why? because you feel that your fundamental writes are being violated by the law and you can approach High Court under article 226(1). In this case, the said law is passed by the Parliament i.e. the seat of the Government is not is the territorial jurisdiction of the Bombay High Court but the cause of action i.e. the effect of the law is evident in the territory of the Bombay High Court. So, as per article 226(2), Bombay High Court can decide on the matter and declare the said law as unconstitutional.
2. 

   January 6, 2020

   amit ojha

   not receiving mail. Even I have subscribed.

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