Fundamental Rights (Indian Polity and Governance) Part-II

Total Questions: 65

21. Which of the following is NOT correctly matched? [U.P. P.C.S. (Pre) 2019]

Correct Answer: (c) Prohibition - 'To be certified'
Solution:"To be certified' is related to certiorari writ, not to the prohibition. This writ is issued by a court higher in authority to a lower court of tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case.

22. Which one of the following constitutional remedies is also known as 'postmortem'? [65th B.P.S.C. (Pre) 2019]

Correct Answer: (c) Certiorari
Solution:In the certiorari writ, the Supreme Court and the High Court re-examine the decision given by the Subordinate Courts. Through the Quo warranto writ the court enquires into the Legality of a claim of a person to a public office. This writ prevents the illegal assumption of a public office by an individual. Therefore, both the writs have a sense of postmortem. Thus the appropriate answer for this question should be (e), while the Bihar public service commission has mentioned option (c) as the correct answer.

23. In which petition, Judiciary orders Executives to perform their duty? [U.P.U.D.A./L.D.A. (Pre) 2001]

Correct Answer: (b) Mandamus
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.

24. When the Supreme Court issues a writ to a person or to an institution to perform its duty, it is called- [U.P.P.C.S. (Mains) 2007]

Correct Answer: (b) Mandamus
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.

25. Correctly match the following: [Chhattisgarh P.C.S. (Pre) 2022]

List - IList - II
A. Cultural and Educational Rights(i) Articles 14-18
B. Right to Constitutional Remedies(ii) Articles 23-24
C. Right against Exploitation(iii) Articles 32
D. Right to Equality(iv) Articles 29-30

 

Code :
ABCD
(a)(iv)(iii)(i)(ii)
(b)(iii)(iv)(ii)(i)
(c)(iii)(iv)(i)(ii)
(d)(iv)(iii)(ii)(i)
Correct Answer: (a)
Solution:Right to Equality (Article 14-18)
The Right to Equality ensures that all individuals, irrespective of their background, have equal rights and opportunities to develop their skills, and talents, and pursue their ambitions.
Right against Exploitation (Article 23-24)
Prohibition of traffic in human beings and forced labour (Article 23): It says that trafficking in human beings and beggars, as well as other forms of forced labour, is prohibited, and any violation of this provision is punishable by law. Prohibition of employment of children in factories, etc. (Article 24): According to this Article no child under the age of fourteen shall be employed in a factory, mine, or hazardous occupation,
Cultural and Educational Rights (Article 29-30)
Protection of interests of minorities (Article 29): It gives any section of citizens residing in India's territory or any part of it with a distinct language, script, or culture the right to preserve it. (protects the right of a group). No citizen shall be denied admission to or receive aid from a state-run educational institution based on religion, race, caste, language, or any of them. (protects the rights of individuals irrespective of community)
Right of minorities to establish and administer educational institutions (Article 30): All religious and linguistic minorities have the right to establish and administer educational institutions of their choice. Protection under it extends only to linguistic and religious and not any section of the citizens.
Right to Constitutional Remedies (Article 32)
It provides legal remedies for the protection of other fundamental rights. When any of the fundamental rights are violated, one can seek justice through the courts.
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.

26. Match List-I (Article of Indian Constitution) with List- II (Provisions) and select the correct answer using the code given below the lists: [U.P.S.C. (Pre) 2002]

List-I (Article of Indian Constitution)List-II (Provisions)
A. Article 16 (2)1. No person shall be deprived of his property save by the authority of law.
B. Article 29 (2)2. No person can be discriminated against in the matter of public appointment on the ground of race, religion or caste.
C. Article 30 (1)3. All minorities whether based on religion or language shall have right to establish and administer educational institutions of their choice.
D. Article 31 (1)4. No citizen shall be denied admission into any educational institution maintained by the State, or receiving State aid, on the grounds of religion, race, caste, language or any of them.

 

Code :
ABCD
(a)2431
(b)3124
(c)2134
(d)2421
Correct Answer: (a)
Solution:Article 16 (2) No person can be discriminated against in the matter of public appointment on the grounds of race, religion or caste.

Article 29 (2)- No person shall be denied admission into any educational institution maintained by the State, or receiving State aid, on the grounds of religion, race, caste, language or any of them.

Article 30 (1) All minorities, whether based on religion or language shall have the right to establish and administer educational institutions of their choice.

Article 31 (1)- No person shall be deprived of his property save by the authority of law.

27. Which of the following is NOT correctly matched? Article Fundamental Right- [U.P. R.O.JA.R.O. (Pre) (Re-Exam) 2016]

Correct Answer: (b) Protection against arrest and detention - Article 23
Solution:The correctly matched order is as follows:
Fundamental RightArticle
Abolition of UntouchabilityArticle 17
Protection against arrest and detention In certain casesArticle 23
Freedom of ReligionArticle 25
Protection of Interests of Minorities.Article 29

28. Match list-1 with List-II and select the correct answer from the code given below: [R.A.S/R.T.S. (Pre) 2016, U.P.B.E.O. (Pre) 2019]

List-IList-II
(A) Abolition of Titles(i) Article 29
(B) Freedom to manage Religious Affairs(ii) Article 21-A
(C) Protection of Language of Minorities(iii) Article 18
(D) Right to Education(iv) Article 26

 

Code :
ABCD
(a)(iii)(ii)(i)(iv)
(b)(iv)(iii)(ii)(i)
(c)(ii)(iii)(iv)(i)
(d)(iii)(iv)(i)(ii)
Correct Answer: (d)
Solution:
List-IList-II
Abolition of Titles(i) Article 18
Freedom to manage Religious Affairs(ii) Article 26
Protection of Language of Minorities(iii) Article 29
Right to Education(iv) Article 21-A

29. Match List-I with List-II and select the correct answer by using the code given below the list: [U.P.P.C.S. (Mains) 2007]

List-IList-II
A. Fundamental Duties1. Minerva Mills Case
B. Parliament can amend Fundamental Rights2. Article 23 of the Constitution
C. Doctrine of Basic Structure3. 42nd Amendment of the Constitution
D. Prohibition of Trafficking in Human Beings4. Keshvananda Bharti Case

 

Code :
ABCD
(a)3412
(b)4321
(c)2143
(d)1234

 

 

Correct Answer: (a)
Solution:The matched order of list-1 and list-II is as follows:
List-IList-II
Fundamental Duties42nd Amendment of the Constitution
Parliament can amend Fundamental RightsKeshvananda Bharti Case
Doctrine of Basic StructureMinerva Mills Case
Prohibition of Trafficking in Human BeingsArticle 23 of the Constitution

30. By which of the following case Parliament got the right to amend Fundamental Rights? [M.P.P.C.S. (Pre) 1991]

Correct Answer: (a) Keshvananda Bharati Case
Solution:The first time, the Supreme Court held that fundamental rights are amendable, was in the case of Shankar Prasad Vs. Union of India (1951) and Sajjan Singh Vs. Rajasthan State (1965). In the Golaknath case (1967), the prior decision was reversed, and it was held that amendment in fundamental rights is not possible. Again in Keshvananda Bharati case 1973, the Supreme Court held that the amendment power of the Parliament is wide enough but not unlimited. It may amend fundamental rights but not in such way so as to destroy the Basic Structure of the Constitution. This case outlined the power of the parliament to amend the fundamental rights without destroying the basic structure of the Constitution.