Writs — Set 5
Indian Polity · रिट · Questions 41–50 of 50
Who called Article 32 the 'heart and soul' of the Indian Constitution?
Correct Answer: D. Dr. B.R. Ambedkar
Dr. B.R. Ambedkar called Article 32 the 'heart and soul' of the Constitution. He believed that without this article, the Constitution would be a nullity. It provides an effective remedy for the enforcement of rights.
Under which Article does the High Court issue writs?
Correct Answer: A. Article 226
The High Court issues writs under Article 226. This power is discretionary in nature. It covers Fundamental Rights as well as other legal rights.
Which writ prevents the illegal usurpation of a public office?
Correct Answer: B. Quo-Warranto
Quo-Warranto prevents the illegal usurpation of a public office. It questions the authority by which a person holds office. If the title is defective, the person is ousted.
In cases of preventive detention, which writ is most relevant?
Correct Answer: D. Habeas Corpus
Habeas Corpus is the most relevant writ in cases of preventive detention. The court examines if the detention follows the procedure established by law. If the procedure is violated, the detenu is released.
Which writ orders the transfer of a case from a lower court to a higher court?
Correct Answer: B. Certiorari
Certiorari orders the transfer of a case from a lower court to a higher court. This is done to ensure better justice or because the lower court lacks jurisdiction. It can also quash the lower court's order.
Whose writ jurisdiction is wider in terms of subject matter?
Correct Answer: D. High Court
The High Court's writ jurisdiction under Article 226 is wider than the Supreme Court's under Article 32. The Supreme Court can only issue writs for Fundamental Rights. The High Court can issue them for Fundamental Rights and 'any other purpose'.
Which writ commands a public official to perform a duty they have failed to perform?
Correct Answer: C. Mandamus
Mandamus commands a public official to perform a duty they have failed to perform. It forces the official to act. It cannot be issued if the duty is discretionary.
Which writ questions the legality of a claim to a public office?
Correct Answer: A. Quo-Warranto
Quo-Warranto questions the legality of a claim to a public office. It asks the holder to show the warrant or authority. It ensures that public offices are occupied by qualified persons.
Article 32 guarantees the right to move which court for the enforcement of Fundamental Rights?
Correct Answer: B. Supreme Court
Article 32 guarantees the right to move the Supreme Court directly. This makes the Supreme Court the guarantor of Fundamental Rights. Citizens do not need to go to the High Court first, although they often do.
Which writ is issued to stop a lower court from exceeding its jurisdiction pending a case?
Correct Answer: D. Prohibition
Prohibition is issued to stop a lower court from exceeding its jurisdiction while the case is pending. It is a 'stay order' issued by a superior court. It stops the proceedings immediately.