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71
Which of the following writs can be issued only gainst a overnment offlcial?
Discuss
Answer & Solution
Answer: Option B
Solution:
Mandamus which literally means 'command' is a writ issued by court to a public official asking him to perform his official duties that he has failed or refused to perform. This writ can be issued only against a government official and not against a private individual or body.
72
Who can restrict the fundamental rights of the citizens?
Discuss
Answer & Solution
Answer: Option B
Solution:
Parliament of India can restrict the fundamental rights of citizens. Article-368 provides power to parliament to amend fundamental rights subject to basic structure of constitution.
73
In which year was the Prevention of terrorism Act (POTA)enacted?
Discuss
Answer & Solution
Answer: Option C
Solution:
Prevention of Terrorism Act (POTA) was enacted in 2002 to deal with crimes like subversion insurgency and terrorism. This act has now been repealed.
74
Which of the following fundamental right can be controlled by preventive detention act-
Discuss
Answer & Solution
Answer: Option C
Solution:
Preventive detention infringes the right to freedom of the person who has been detained under preventive detention Act. Article-22 provides for protection against arrest and detention in certain cases, including preventive detention cases.
75
The Preventive Detention Act curtailed-
Discuss
Answer & Solution
Answer: Option A
Solution:
Preventive detention infringes the right to freedom of the person who has been detained under preventive detention Act. Article-22 provides for protection against arrest and detention in certain cases, including preventive detention cases.
76
______ writ is issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction.
Discuss
Answer & Solution
Answer: Option C
Solution:
Prohibition writ is issued by a higher court to lower court when latter has overstepped its jurisdiction. Other writs are Habeas Corpus Mandamus Quo-Warranto and Certiorari.
77
Under which of the following writs, a person is restricted to perform any duties for which he does not have the authority?
Discuss
Answer & Solution
Answer: Option B
Solution:
Quo warranto writ is issued to ensure that person holding a public office is qualified to hold the office. It can be issued to restrict a person to perform duties or take action for which he does not have authority.
78
Under which one of the following writs anofficial can be prevented from taking an action which he is offlcially not entitled?
Discuss
Answer & Solution
Answer: Option B
Solution:
Quo warranto writ is issued to ensure that person holding a public office is qualified to hold the office. It can be issued to restrict a person to perform duties or take action for which he does not have authority.
79
In the Constitution of India the 'Right to Constitutional Remedies' has been provided in Article-
Discuss
Answer & Solution
Answer: Option C
Solution:
Remedies for enforcement of fundamental rights conferred by Part-III has been provided under Article-32 of constitution. This article provides the right to citizens to move directly to Supreme Court for enforcement of fundamntal rights and it gives Supreme Court, powers to issu writ to enforce fundamental rights of an individual.
80
Under which Article of the Constitution can an individual move to the Supreme Court directly in case of any violation of Fundamental Rights?
Discuss
Answer & Solution
Answer: Option A
Solution:
Remedies for enforcement of fundamental rights conferred by Part-III has been provided under Article-32 of constitution. This article provides the right to citizens to move directly to Supreme Court for enforcement of fundamntal rights and it gives Supreme Court, powers to issu write to enforce fundamental rights of an individual.