UPSC preliminary MCQ'S 2019 Part20

Consider the following statements about the writ petitions

1. Prohibition is not available against administrative authorities, legislative bodies, and private individuals or bodies

2. Habeas Corpus can be issued only against judicial and quasi-judicial authorities.

3. Certiorari can be issued against both public authorities as well as private individuals.

4. Mandamus is issued by the court to ask a public official him to perform his official duties that he has failed or refused to perform

which of the statements given above is/ are correct?

a) 1 and 2 only

b) 1,2 and 3 only

c) 1 and 4 only

d) 1,3 and 4 only

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Correct Answer: C

Explanation

Habeas Corpus: Can be issued against both public authorities as well as private individuals.

Prohibition: It is not available against administrative authorities, legislative bodies, and private individuals or bodies. The writ of prohibition can be issued only against judicial and quasijudicial

authorities.

Mandamus: the court to a public official asking him to perform his official duties that he has failed or refused to perform

Quo-Warranto: this can be sought by any interested person and not necessarily by the aggrieved person.

Certiorari: the writ of certiorari could be issued only against judicial and quasi-judicial authorities and not against administrative authorities. However, in 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting rights of individuals.

Consider the following statements about cultural and educational rights

1. Right to agitate for the protection of the language.

2. Right to establish and administer educational institutions of their choice under article 30.

3. The right to conserve a distinct language, script or culture.

Which of the above right is/are available only to religious minorities?

a) 3 only

b) 1, 2 and 3 only

c) 1 and 3 only

d) 2 only

Correct Answer: D

Explanation

Article 29 provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same. Further, no citizen shall be denied admission into any educational institution maintained by the State or

receiving aid out of State funds on grounds only of religion, race, caste, or language The protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29). However, the term ‘minority’ has not been defined anywhere in the Constitution.

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Consider the following statements about right to constitutional remedies

1. The right to move the Supreme Court can only be suspended by the legislative action of the parliament.

2. President can empower any other court to issue directions, orders and writs of all kinds.

which of the statements given above is/ are correct?

a) 1 and 2 only

b) 1 only

c) 2 only

d) Neither 1 Nor 2

Correct Answer: D

Explanation

Parliament not the president can empower any other court to issue directions, orders and writs of all kinds.

The Supreme Court, under Article 32, cannot determine a question that does not involve Fundamental Rights

The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution (not by the legislative action of the parliament).