Question

Which of the following features restrict the authority of Parliament in India?
1. A written Constitution clearly prescribes its scope of operation.
2. The Supreme Court can strike down a law passed by Parliament if it contravenes any of the Constitutional provisions.
3. Parliament is limited by the incorporation of the Fundamental Rights in the Constitution

• A. I, II and III
• B. I and III
• C. II only
• D. None as Parliament is sovereign in India

Answer 1

The correct option is A I, II and III

All of these features restrict the authority of Parliament in India. The theory of Fundamental Rights implies limited government. Fundamental Rights are essential to protect the rights and liberties of the people against the encroachment of the power delegated by them to their Government. These are limitations upon all the powers of the Government, legislative as well as executive. Supreme Court can restrict the Parliament through its power of Judicial Review. Judicial Review is the process by which the Judiciary can carry out three types of actions. It reviews the rules and laws of the executive and legislature for the cases that appear before it. It validates these rules and laws in the perspective of constitutional provisions. It rejects the law, or any part of it, that it finds to be not in agreement with the constitutional provisions.