Fundamental Rights (Art 12-35) — Set 17

Correct Answer: B. You shall have the body

Habeas Corpus literally means 'You shall have the body' and is used to challenge unlawful detention by directing the authority to produce the detained person before the court. It is the most celebrated writ for personal liberty. Under Article 32 and Article 226 this writ can be issued by the Supreme Court and High Courts respectively. It protects citizens from arbitrary arrest and imprisonment.

Correct Answer: B. A public authority to perform a public duty it is legally bound to perform

Mandamus means 'we command' and it is issued to compel a public official, body, corporation, or inferior court to perform a public duty that it is legally bound to perform but has refused or failed to do. It cannot be issued against a private individual for private duties. The duty must be of a public nature and must be clearly defined by law. It is an important remedy for enforcing public accountability.

Correct Answer: B. Proceeding with a case that exceeds its jurisdiction

Prohibition is a preventive writ issued by a superior court to an inferior court or tribunal to stop it from proceeding with a case that is beyond its jurisdiction. It acts before the decision is made, unlike Certiorari which acts after. The writ is issued to judicial and quasi-judicial bodies only. It maintains the boundaries of jurisdiction of inferior courts.

Correct Answer: B. Excess of jurisdiction, error of law apparent on face, or breach of natural justice

Certiorari is issued to quash orders or decisions of inferior courts, tribunals, or quasi-judicial bodies when they have acted in excess of jurisdiction, committed an error of law apparent on the face of the record, or violated principles of natural justice. Unlike Prohibition (which prevents), Certiorari corrects after the order is passed. It is both a preventive and corrective remedy. The Supreme Court and High Courts can issue this writ.

Correct Answer: B. 'By what authority'; used to challenge a person's right to hold a public office

Quo Warranto means 'by what authority' or 'by what warrant' and is issued to inquire into the legality of a person's claim to a public office. It is available against a person who holds a public office without legal authority. The writ can be sought by any citizen even if he is not personally affected. It protects public offices from unlawful usurpation.

Correct Answer: C. National Emergency (external aggression) — suspends Article 19

Article 358 provides that when a Proclamation of Emergency is issued due to war or external aggression, the six freedoms under Article 19 are automatically suspended for the duration of the emergency. This suspension is automatic and does not require a separate order. Article 358 applies only to national emergency caused by war or external aggression, not armed rebellion. The freedoms under Article 19 revive automatically when the emergency ends.

Correct Answer: B. To suspend enforcement of Fundamental Rights (except Articles 20 and 21) by issuing an order

Under Article 359, the President may by order suspend the right to move any court for enforcement of specified Fundamental Rights during a National Emergency. However, after the 44th Amendment, Articles 20 and 21 cannot be suspended even during a National Emergency. Article 359 is different from Article 358 — Article 358 automatically suspends Article 19, while Article 359 requires a Presidential order. The rights resume when the emergency ends.

Correct Answer: B. Article 33

Article 33 empowers Parliament to restrict or abrogate the application of Fundamental Rights to members of the Armed Forces, Police Forces, and other forces charged with maintenance of public order. This is necessary to maintain discipline and effective service in these forces. The Parliament can pass laws restricting Fundamental Rights of such persons to ensure proper functioning of the defence services. The Supreme Court has upheld such restrictions as reasonable.

Correct Answer: B. Indemnity to persons for acts done during operation of martial law in any area

Article 34 empowers Parliament to indemnify any person (including a member of the armed forces or police) in respect of any act done by him in connection with the maintenance or restoration of order in any area where martial law was in force. This means Parliament can pass laws protecting persons from liability for acts committed during martial law even if those acts would otherwise be illegal. It is a special provision allowing Parliament to validate otherwise illegal actions taken during martial law. Such an Act of Indemnity must be passed within a reasonable time.

Correct Answer: B. A citizen cannot waive off Fundamental Rights as they are constitutional guarantees meant for public good

The Doctrine of Waiver holds that a person cannot voluntarily give up or waive their Fundamental Rights because these rights are not just for personal benefit but are also meant for public good and the protection of democratic values. The Supreme Court in Behram Khurshid Pesikaka v. State of Bombay held that Fundamental Rights cannot be waived. They are constitutional mandates, not mere personal privileges. Even consent of a person cannot validate an action that violates their Fundamental Rights.