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61
In which of the following situations Habeas corpus writ is issued?
Discuss
Answer & Solution
Answer: Option C
Solution:
Habeas Corpus literally means 'to have the body of' . It can be issued to both public authority as well as private individual to produce the body of a person who has been illegally and wrongfully detained. Thus it protects personal liberty of an individual against arbitrary action of both state and private individual. That is why it is called Bulwark of Personal Freedom.
62
Which of the following right has been removed from fundamental rights and converted to a simple legal right?
Discuss
Answer & Solution
Answer: Option B
Solution:
In 44th amendment, Right to property has been removed from list of Fundamental Rights. Now the right has been rendered legal right.
63
In which of the following cases the Supreme Court held that fundamental rights are unamendable?
Discuss
Answer & Solution
Answer: Option D
Solution:
In Golaknath case, 1967, Supreme Court held that no authority including parliament can amend or upgrade fundamental rights. Later on, in Keshavananda Bharti case Supreme Court reversed its decision and pronounced that fundamental rights can be amended subject to basic structure of constitution.
64
Which of the following writ is issued by a higher court to a lower court?
Discuss
Answer & Solution
Answer: Option C
Solution:
In Prohibition writ, a higher court restrained lower court from over stepping its jurisdiction. In India both Supreme Court and High Court have been empowered with writ jurisdiction.
65
Which Article of the Indian Constitution did Dr. B.R. Ambedkar term as the "Heart and Soul of the Indian Constitution"?
Discuss
Answer & Solution
Answer: Option D
Solution:
Just mentioning fundamental rights in constitution without providing provisions for their enforcement would have no meaning. Article-32 which is right to constitutional remedies ensures the enforcement of fundamental rights. That is why "Father of Constitution" Dr. B.R. Ambedkar termed this article as "Heart and soul of constitution".
66
By which of the following rights fundamental rights are ensured in Indian constitution?
Discuss
Answer & Solution
Answer: Option C
Solution:
Just mentioning fundamental rights in constitution without providing provisions for their enforcement would have no meaning. Article-32 which is right to constitutional remedies ensures the enforcement of fundamental rights. That is why "Father of Constitution" Dr. B.R. Ambedkar termed this article as "Heart and soul of constitution".
67
The Basic Structure of our Constitution was proclaimed by the Supreme Court in-
Discuss
Answer & Solution
Answer: Option A
Solution:
Keshavananda Bharti vs state of Kerela case, 1973 is one of the most important legal battle of Indian constitution. While pronouncing judgement Supreme Court proclaimed the concept of Basic Structure. It said parliament can amend fundamental rights subject to basic structure of constitution. At that time court did define what is basic structure.
68
___ is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual.
Discuss
Answer & Solution
Answer: Option B
Solution:
Mandamus is a writ issued by a superior court to any govemment official, corporation or public authority to do or refrain from doing something. Both Supreme Court and High Court have been empowered with writ jurisdiction. This particular writ is applicable only on applicable only on public bodies.
69
Which writ is issued by a High Court or the Supreme Court to compel an authority to perform a function that it was not performing?
Discuss
Answer & Solution
Answer: Option C
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.
70
A writ of Mandamus can be issued by the Supreme Court to-
Discuss
Answer & Solution
Answer: Option A
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.