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
Exam
Title : Email :
Civilsdaily
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.
Exam
Title : Email :
Civilsdaily
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).
