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Q74 (UPPCS/2023) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties

Consider the following statements concerning the powers of the Supreme Court to issue certain writs to stop violation of Fundamental Rights -
(1) The Supreme Court has power to issue writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari which is appropriate for the enforcement of Fundamental Rights.
(2) Parliament may by law empower any other court to exercise within its jurisdiction the powers given to Supreme Court.
Which of the above mentioned statement/statements is/are correct?
Select the correct answer from the code given below -
Code -

Result
Your answer: —  Â·  Correct: D

Explanation

Both statements are correct according to Article 32 of the Indian Constitution, which deals with the Right to Constitutional Remedies.

  • Statement 1 is correct: Article 32(2) specifically empowers the Supreme Court to issue directions, orders, or writs, including Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, for the enforcement of any of the Fundamental Rights.
  • Statement 2 is correct: Article 32(3) states that Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). This is intended to allow for the expansion of writ jurisdiction to lower courts if necessary, though currently, only the Supreme Court (Art 32) and High Courts (Art 226) exercise these powers.
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SIMILAR QUESTIONS

CDS-II · 2010 · Q77 Relevance score: 4.28

Which of the following statements is/are correct ?, 1. In India the constitutional remedy under Article 32 is available only in case of fundamental rights, not in the case of rights which follow from some other provision in the Constitution. . 2. Both the Supreme Court and High Courts can issue the writs of habeas corpus, mandamus prohibition, certiorari and quo warranto only for the purpose of enforcement of . fundamental rights. Select the correct answer using the code given below :

CAPF · 2010 · Q119 Relevance score: 3.01

Which of the following statements , regarding the fundamental duties is/are correct ? 1. There is no provision in the Constitution for direct enforcement of any of the duties nor for any sanction to prevent their violation. 2. Duties are obligatory for a citizen and that the state should also strive to achieve the same. 3. The fundamental duties in Article 51A is confined to all persons and not to citizens only. Select the correct answer using the code given below :

IAS · 2010 · Q9 Relevance score: 2.70

Consider the following statements : The Supreme Court of India tenders advice to the President of India on matters of law or fact 1. on its own initiative (on any matter of larger public interest). 2. if he seeks such an advice. 3. only if the matters relate to the Fundamental Rights of the citizens. Which of the statements given above is/are correct ?

CDS-I · 2003 · Q5 Relevance score: 2.24

Consider the following statements : The Fundamental Rights under the Indian Constitution are fundamental because I. they are protected and enforced by the Constitution. II. they can be suspended only in the manner prescribed, by the Constitution. III. they are enforceable against the State. IV. they cannot be amended. Which of these statements are correct?