Fundamental Rights (Indian Polity and Governance) Part-II

Total Questions: 65

11. Which one of the following statements is not correct? [U.P. Lower Sub. (Pre) 2013]

Correct Answer: (d) The President of India is the Guardian of Fundamental Rights under the Constitution.
Solution:All the given statements are correct, except (d), as the Judiciary (The Supreme Court and the High Courts) is the guardian of fundamental rights, not the President.

One can directly approach the Supreme Court under Article 32 (original jurisdiction of the Supreme Court), which empowers the courts to enforce Fundamental Rights through various writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
The High Courts also have been conferred these powers under Article 226. Further, any other court may be authorised by Parliament to issue directives, orders, and writs of every description.

12. Which of the following rights can be enforced under Article 32 of the Indian Constitution? [U.P.P.C.S. (Pre) 1997]

Correct Answer: (b) Fundamental Rights
Solution:Article 32 of the Constitution provides constitutional remedies against the violation or transgression of fundamental rights, conferred by Part III. The Supreme Court shall have the power to issue directions or orders or writs, including writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by Part-III. That is why the Supreme Court has been called as the Guardian of Fundamental Rights.

13. Which one of the following rights was described by Dr. B.R. Ambedkar as the 'Heart and Soul of the Constitution'? [U.P. P.S.C. (GIC) 2010, U.P.P.C.S. (Spl) (Mains) 2004, U.P.S.C. (Pre) 2002, U.P.U.D.A./L.D.A. (Spl) (Pre) 2010]

Correct Answer: (d) Right to Constitutional Remedies
Solution:Dr. Bhimrao Ramji Ambedkar described Article 32 as the Heart and Soul of the Indian Constitution. In his words- "If I was asked to name any particular Article in this Constitution as the most important, an Article without which the Constitution would be a nullity, I could not refer to any other Article except this one (Article 32). It is the very soul of the Constitution and the heart of it." It is also notable that on various occasions, the Preamble to the Constitution is also recognized as the Soul of the Constitution, but according to Dr. Ambedkar, Article 32 is the Heart and soul of the Constitution.

14. Consider the following statements: [U.P.P.C.S. (Pre) 2016]

Assertion (A): Dr. Ambedkar had described Article 32 of the Constitution as the very soul of it.

Reason (R) Article 32 provides an effective remedy against the violation of fundamental rights.

Select the correct answer using the codes given below:

Correct Answer: (a) (A) and (R) both are true, and (R) is the correct explanation of (A).
Solution:Dr. Ambedkar had described Article 32 as "the very soul and the heart of the Constitution" as Article 32 provides an effective remedy against the violation of fundamental rights enshrined in the Indian Constitution. The Supreme Court has the power to issue directions, orders or writ for the enforcement of any of the fundamental rights. Thus, (A) and (R) both are true, and (R) is the correct explanation of (A).

15. Consider the following statements concerning the powers of the Supreme Court to issue certain writs to stop violation of Fundamental Rights- [U.P.P.C.S. (Pre.) 2023]

(1) The Supreme Court has power to issue writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari which is appropriate for the enforcement of Fundamental Rights.

(2) Parliament may by law empower any other court to exercise within its jurisdiction the powers given to Supreme Court.

Which of the above mentioned statement/statements is/are correct?

Select the correct answer from the code given below:

Correct Answer: (d) Both (1) and (2)
Solution:Article 32(2) of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to the enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, to enforce them. As per Article 32(3), Without prejudice to the powers conferred on the Supreme Court by clause (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). Hence, both statements are correct and option (d) is the correct answer.

16. Under which of the following Article of the Constitution of India, the Supreme Court is empowered to issue different 'Writs' for the enforcement of Fundamental Rights of the citizens? [Jharkhand P.C.S. (Mains) 2016]

Correct Answer: (a) Article 32
Solution:Article 32 of the Constitution of India, empowered the supreme court to issue different writs for the enforcement of fundamental rights of citizens. These writs are Habeas corpus, Mandamous, Prohibition, Certiorari and Quo Warranto. Article 226 empowers a High Court to issue these five writs for the enforcement of Fundamental rights and for any other purpose.

Habeas Corpus

  • The literal meaning of this term is 'to have the body of.
  • It is an order issued by the court to a person who has detained another person to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free if the detention was found to be illegal.
    ∗ Thus, this writ is the bulwark of individual liberty against                         arbitrary detention.
  • This writ can be issued against both public authorities and private individuals. However, it is not issued in cases where:
    ∗ detention is lawful,
    ∗  the proceeding is for contempt of a legislature or a court,
    ∗  detention is by a competent court,
    ∗  detention is outside the jurisdiction of the court.

Mandamus

  • The literal meaning of this term is 'we command".
  • It is a command issued by the court to a public official, asking him to perform his official duties that he has failed or refused to perform.
  • It can be issued to a public official, a public body, a corporation, an inferior court, a tribunal, or the government for the same purpose.
  • This writ cannot be issued:
    ∗ against a private individual or body,
    ∗ to enforce departmental instruction that does not possess                          statutory force,
    ∗ when the duty is discretionary in nature,
    ∗  to enforce a contractual obligation,
    ∗ against the President of India, the State Governors, and the Chief Justice of a High Court.

Prohibition

  • The literal meaning of this term is - 'to forbid'.
  • It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
  • Thus, while the writ of 'Mandamus' directs activity, the writ of 'Prohibition' directs inactivity.
  • The writ of prohibition can be issued only against judicial and quasi-judicial bodies and cannot be issued against administrative authorities, legislative bodies, or private
    entities.

Certiorari

  • The literal meaning of this term is 'to be certified' or 'to be informed".
  • It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.
  • This writ is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.

∗  Thus, while the writ of 'Prohibition' is only preventive, the writ of                    'Certiorari' is both preventive as well as curative.

  • It can be issued against judicial, quasi-judicial, as well as administrative authorities, but not available against legislative bodies, private individuals or bodies, etc.

Quo-Warranto

  • The literal meaning of this term is 'by what authority or warrant'.
  • It is issued by the court to inquire into the legality of a claim of a person to a public office.
    ∗ Hence, it prevents illegal usurpation of public office by a person.
    Unlike the other writs, this can be sought by any interested person         and not necessarily by the aggrieved person.
  • This writ can be issued only in the case of substantial public office of a permanent character created by a statute or by the Constitution. It cannot be issued in the case of
    ministerial or private offices.

17. Which one of the following writs is regarded as the greatest safeguard for the liberty of a person? [U.P. Lower Suh. (Pre) 2015]

Correct Answer: (b) Habeas Corpus
Solution:Article 32 of the Constitution of India, empowered the supreme court to issue different writs for the enforcement of fundamental rights of citizens. These writs are Habeas corpus, Mandamous, Prohibition, Certiorari and Quo Warranto. Article 226 empowers a High Court to issue these five writs for the enforcement of Fundamental rights and for any other purpose.

Habeas Corpus

  • The literal meaning of this term is 'to have the body of.
  • It is an order issued by the court to a person who has detained another person to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free if the detention was found to be illegal.
    ∗ Thus, this writ is the bulwark of individual liberty against                         arbitrary detention.
  • This writ can be issued against both public authorities and private individuals. However, it is not issued in cases where:
    ∗ detention is lawful,
    ∗  the proceeding is for contempt of a legislature or a court,
    ∗  detention is by a competent court,
    ∗  detention is outside the jurisdiction of the court.

Mandamus

  • The literal meaning of this term is 'we command".
  • It is a command issued by the court to a public official, asking him to perform his official duties that he has failed or refused to perform.
  • It can be issued to a public official, a public body, a corporation, an inferior court, a tribunal, or the government for the same purpose.
  • This writ cannot be issued:
    ∗ against a private individual or body,
    ∗ to enforce departmental instruction that does not possess                          statutory force,
    ∗ when the duty is discretionary in nature,
    ∗  to enforce a contractual obligation,
    ∗ against the President of India, the State Governors, and the Chief Justice of a High Court.

Prohibition

  • The literal meaning of this term is - 'to forbid'.
  • It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
  • Thus, while the writ of 'Mandamus' directs activity, the writ of 'Prohibition' directs inactivity.
  • The writ of prohibition can be issued only against judicial and quasi-judicial bodies and cannot be issued against administrative authorities, legislative bodies, or private
    entities.

Certiorari

  • The literal meaning of this term is 'to be certified' or 'to be informed".
  • It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.
  • This writ is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.

∗  Thus, while the writ of 'Prohibition' is only preventive, the writ of                    'Certiorari' is both preventive as well as curative.

  • It can be issued against judicial, quasi-judicial, as well as administrative authorities, but not available against legislative bodies, private individuals or bodies, etc.

Quo-Warranto

  • The literal meaning of this term is 'by what authority or warrant'.
  • It is issued by the court to inquire into the legality of a claim of a person to a public office.
    ∗ Hence, it prevents illegal usurpation of public office by a person.
    Unlike the other writs, this can be sought by any interested person         and not necessarily by the aggrieved person.
  • This writ can be issued only in the case of substantial public office of a permanent character created by a statute or by the Constitution. It cannot be issued in the case of
    ministerial or private offices.

18. Which one of the following writs can be issued by a High Court to secure the liberty of the individual? [U.P.P.C.S. (Pre) (Re. Exam) 2015]

Correct Answer: (c) Habeas Corpus
Solution:Article 226 of the Indian Constitution provides for the power of the High Courts to issue certain writs. To secure the liberty of the individual, the High Court can issue a writ of Habeas Corpus. The writ is issued by the Court, whose object is to secure the release of a person found to be detained illegally and secure the liberty of the individual. The Supreme Court also has the power to issue writs under Article 32 of Indian Constitution for the rights enumerated in Part III of the Constitution, ie., Fundamental Rights whereas the High Court can issue writs related to legal rights also.

19. The writ which may be filed for protection of right to Personal Freedom is- [M.P.P.C.S. (Pre) 1993]

Correct Answer: (c) Habeas Corpus
Solution:The word 'Habeas Corpus' literally means 'to bring the body before the court. By this writ, the court secures the body of a person who has been imprisoned or detained to be brought before the court to obtain knowledge of the reason or grounds for such detention and to do justice. This writ secures the right of personal liberty.

20. Match it.. [Chhattisgarh P.C.S. (Pre) 2016]

List - IList - II
A. Habeas CorpusI. Be more fully informed
B. MandamusII. By which authority
C. ProhibitionIII. We command
D. CertiorariIV. Let us have the body
E. Quo-WarrantoV. Writ to Subordinate Courts

 

Code :
ABCDE
(a)(ii)(iv)(v)(iii)(i)
(b)(iv)(iii)(v)(ii)(i)
(c)(iv)(iii)(v)(i)(ii)
(d)(iv)(v)(iii)(i)(ii)
(e)(iii)(ii)(i)(v)(iv)
Correct Answer: (c)
Solution:The match is as follows:
List - IList - II
Habeas CorpusLet us have the body
MandamusWe command
ProhibitionWrit to subordinate courts
CertiorariBe more fully informed
Quo-WarrantoBy which authority