9. The purpose of article 13 of the Indian Constitution is to establish
supremacy of:
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(1) Directive Principle of State Policy
(2) Fundamental Rights
(3) Fundamental Duties
(4) Parliament
Answers
Explanation:
Article 13 (2) provides for the protection of the fundamental rights of the citizen.[4] Parliament and thestate legislatures are clearly prohibited from making laws that may take away or abridge the fundamental rights guaranteed to the citizen. They argued that any amendment to the Constitution had the status of a law as understood by Article 13 (2). In 1952 (Sankari Prasad Singh Deo v. Unionof India [5]) and 1955 (Sajjan Singh v. Rajasthan[6]), the Supreme Court rejected both arguments and upheld the power of Parliament to amend any part of the Constitution including that which affects the fundamental rights of citizens. Significantly though, two dissenting judges in Sajjan Singh v.Rajasthan case raised doubts whether the fundamental rights of citizens could become a plaything of the majority party in Parliament.
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