Insights Static Quiz -117, 2018
Polity and Rights Issues
INSIGHTS IAS QUIZ ON STATIC SYLLABUS - 2018
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Question 1 of 5
1. Question
Consider the following statements
- Any Court as given by Parliament can issue writs
- Before the enactment of Constitution, High Courts were not allowed to issue writs
Which of the above is/are correct
Correct
Answer – a
- Parliament (under Article 32) can empower any other court to issue these writs. Since no such provision has been made so far, only the Supreme Court and the high courts can issue the writs and not any other court.
- Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power to issue the writs.
Incorrect
Answer – a
- Parliament (under Article 32) can empower any other court to issue these writs. Since no such provision has been made so far, only the Supreme Court and the high courts can issue the writs and not any other court.
- Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power to issue the writs.
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Question 2 of 5
2. Question
Writs in the Indian Constitution has been borrowed from
Correct
Answer – a
The writs are borrowed from English law where they are known as ‘prerogative writs’. They are so called in England as they were issued in the exercise of the prerogative of the King who was, and is still, described as the ‘fountain of justice’. Later, the high court started issuing these writs as extraordinary remedies to uphold the rights and liberties of the British people.
Incorrect
Answer – a
The writs are borrowed from English law where they are known as ‘prerogative writs’. They are so called in England as they were issued in the exercise of the prerogative of the King who was, and is still, described as the ‘fountain of justice’. Later, the high court started issuing these writs as extraordinary remedies to uphold the rights and liberties of the British people.
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Question 3 of 5
3. Question
Writ jurisdiction by High Courts is
- Discretionary
- Applicable to both fundamental and legal rights
Select the right code
Correct
Answer – c
- A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction. On the other hand, a remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction.
- Supreme Court can issue writs only for the enforcement of fundamental rights whereas a high court can issue writs not only for the enforcement of Fundamental Rights but also for any other purpose.
Incorrect
Answer – c
- A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction. On the other hand, a remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction.
- Supreme Court can issue writs only for the enforcement of fundamental rights whereas a high court can issue writs not only for the enforcement of Fundamental Rights but also for any other purpose.
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Question 4 of 5
4. Question
If a “bahubali” MLA has abducted a person for whatever reason, the court can issue which of the following writs to the MLA
- Habeas Corpus
- Mandamus
Select the correct code
Correct
Answer – c
- Habeas Corpus literally means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention. The writ of habeas corpus can be issued against both public authorities as well as private individuals.
- Mandamus literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
Incorrect
Answer – c
- Habeas Corpus literally means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention. The writ of habeas corpus can be issued against both public authorities as well as private individuals.
- Mandamus literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
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Question 5 of 5
5. Question
Quo warranto can be issued when
- A minister is in the office even after not being a member of legislature for six months
- Appointment to Corporate group has not followed Companies Act 2013
Which of the above is/are correct
Correct
Answer – d
- Quo warranto can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office.
Incorrect
Answer – d
- Quo warranto can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office.