3. What does the court do if it finds that laws don't adhere to the constitution?
Answers
The court has the power to modify or cancel laws if it finds that they don't adhere to the Constitution. ... History provides us with several examples of people and communities who have struggled to end unjust laws.
Answer:
Explanation:
The court has the power to modify or cancel laws if it finds that they don't adhere to the constitution.
The power of the judiciary to sit in judgement over the laws made by the legislative body is called the power of judicial review. It evolved as early as the 1800’s in the US. See Marbury vs Madison.
If the court sat in review of any law, it will look into the constitionality of the law i.e. Whether it blatantly violates the codified constitution of the country. If it does, the court has the right to hold the law as ultra-vires the constitution or “unconstitutional”.
In India, we use the term “strike-down”. For eg, recently section 66A of the Information Technology act was struck down as violative of fundamental rights set out in our constitution.
Judicial review is basically a way to check and balance the power of the law-makers. It is also a reminder that the constitution is the highest law of the land and nothing can supersede it.