Judiciary & Legal, Issues etc.

Total Questions: 62

61. Consider the following statements: [2023-1]

Statement-I: The Supreme Court of India has held in some

judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.

Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.

Which one of the following is correct which respect to the above statements?

Correct Answer: (c) Statement-I is correct but Statement-II is incorrect
Solution:The correct answer is (c). Statement-1 is correct but Statement-II is incorrect. Article 335 does not define the term "efficiency of administration." Instead, it simply states that the government must take into account the need to maintain efficiency of administration when making appointments to government jobs.

The meaning of efficiency of administration" has been left to be determined by the courts on a case-by-case basis.

62. A Writ of Prohibition is an order issued by the Supreme Court or High Courts to: [2024-1]

Correct Answer: (c) the lower court prohibiting continuation of proceedings in a case.
Solution:

Option (c) is correct: The writ of prohibition is a legal remedy that is used to prevent a lower court or tribunal from exceeding its jurisdiction or acting outside the scope of its authority.

  • Prohibition means "to forbid." This writ is issued by a higher court to a lower court or tribunal, preventing it from acting beyond its legal authority or jurisdiction it does not have. While Mandamus commands an authority to take action, Prohibition specifically orders an authority to refrain from continuing proceedings that are outside its jurisdiction.
  • The writ of Prohibition can only be issued against judicial and quasi-judicial authorities.
  • It cannot be invoked against administrative authorities, legislative bodies, or private individuals and organizations.
  • The power to issue writs is granted to the Supreme Court and High Courts under Articles 32and 226 of the Constitution of India, respectively. These articles play a key role in ensuring judicial review and safeguarding the fundamental rights of citizens.
  • Article 32: This article gives the Supreme Court the authority to issue writs to enforce fundamental rights. It is often called the "heart and soul" of the Constitution because it allows individuals to directly approach the apex court for relief.
  • Article 226: This article empowers High Courts to issue writs for the enforcement of fundamental rights and any other purpose, giving them broader jurisdiction compared to the Supreme Court.