Comprehension Passage

Read the passage carefully and answer the following questions:

This is the greatest paradox involved in the doctrine of 'basic features', namely, that though it does not constitute a limitation on the legislature while enacting ordinary legislation, it would operate as a limitation on the Constituent' body, though in the same breath it is conceded that the latter is a Sovereign' authority while the Legislature is not. This means that while determining the validity of an ordinary law, the court can only look into the express provisions of the Constitution or the necessary implications thereof, but when the validity of a Constitution Amendment Act is challenged, the court may travel behind or beyond the express provisions of the Constitution to invoke some principles superior to express provisions to find whether the impunged amendment is in tune with those principles, which are supposed to Constitute the 'norm' behind the specific provisions of the Constitution. In short, it involve an illogical attempt to usher in the doctrines of 'Spirit of the Constitution' or of 'natural law', through the backdoor, to circumscribe the Constitution itself, while it had been openly rejected as a limitation upon ordinary legislation.

Which of the following options reflect the opinion of the author as can be discerned from the cited paragraph? 

1
A critical and negative view of the way the court uses the doctrines of Spirit of the Constitution' and of 'natural law' to circumscribe the Constitution itself
2
Admiration of the court's view that legislative power need not be circumscribed
3
Neutral view on the use of basic features by the court to limit the constituent power and the legislative power
4
Positive view on the use of natural law as a limitation on the legislative power and constituent power

Sponsored

hivanix.in

Visit

This quiz is brought to you by hivanix.in

🌐 Web App Development

Quick Navigation