Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Factual Situation: In order to ensure that people live in an amicable atmosphere the Government of India decided to abolish courts and constituted Dispute Settlement Boards. Further to achieve this objective, the law stipulated that lawyers should not be allowed to espouse the claims of parties, and instead their claims be espoused by social workers.

Legal Principles:

I. Any law made by the Parliament that infringes the fundamental rights of the citizens is invalid and unenforceable.
II. Freedom to carry on trade or profession of one’s own choice is a fundamental right.
III. The Parliament is competent to impose reasonable restrictions on the exercise of this right.
IV. If the restrictions, on fundamental rights imposed by the Parliament, totally removes or nullifies any fundamental right then it will be construed as an unreasonable restriction. Decision:

पर्याय

• The law made by the Parliament is valid as it does not infringe any fundamental right.

• The law made by the Parliament is valid as even though there is a restriction of a fundamental right, such a restriction is reasonable.

• The law made by the Parliament is invalid as it constitutes an infringement of fundamental rights and the restriction imposed is not reasonable.

• None of the above answers is correct.

Answer 1

The law made by the Parliament is invalid as it constitutes an infringement of fundamental rights and the restriction imposed is not reasonable.