Tag: fundamental rights- part i

Questions Related to fundamental rights- part i

Mandamus can also be issued against any public body, _________.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. A corporation

  2. An inferior court

  3. A tribunal or government

  4. All of these

Show answer
Correct Option: D
Explanation:

Mandamus literally means 'We Command'. It is a command issued by the Supreme Court or High Curt to public official asking him to perform his official duties that had 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. 

The writ of Mandamus cannot be issued against the President of India or the State Governors; and against the Chief Justice of a High Court acting in the judicial capacity.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. True

  2. False

Show answer
Correct Option: A
Explanation:

Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ can be issued against anyone, including the president or governor of the state, a private person or chief justice.

The writ Habeas Corpus is a bulwark of individual liberty against arbitrary detention.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. True

  2. False

Show answer
Correct Option: A
Explanation:

Habeas Corpus literally means that you have the body. Through it a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, to bring the prisoner to court, to determine whether the detention is lawful. Thus it protects the person against unlawful detention and hence is considered a bulwark of individual liberty against arbitrary detention.

The writ Quo-Warranto is issued by the court to inquire into the legality of the claim of a person to a public office.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. True

  2. False

Show answer
Correct Option: A
Explanation:

Quo Warranto literally means "by what warrant" . It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold. The Writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody.

Quo-Warranto does not prevent illegal usurpation of public office by a person.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. True

  2. False

Show answer
Correct Option: B
Explanation:

 Quo Warranto literally means "by what warrant" . It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold. The Writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody.

Which among the following conditions are necessary for the issue of writ of quo warranto?
1. The office must be public and must be created by a Statute or by the Constitution itself.
2. The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another.
3. There has been a contravention of the constitution or a Statutory Instrument, in appointing such person to that office.
Select the correct answer using the code given below:

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. 1 and 2 only

  2. 1 and 3 only

  3. 2 and 3 only

  4. 1, 2 and 3

Show answer
Correct Option: D
Explanation:

Option D is the correct answer as all the conditions are necessary. The term Quo Warranto means “by what authority or warrant”. It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.

Which of the following writs is a bulwark of personal freedom?

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. Mandamus

  2. Habeas Corpus

  3. Quo Warranto

  4. Certiorari

Show answer
Correct Option: B
Explanation:

The Literal meaning of 'Habeas Corpus' is "we may have the body'. It is an order issued by the court to a person who has illegally detained the other person directing him to produce such person in the court for examination of detention. The person is then freed if the detention is found to be illegal. Hence, this writ is the bulwark of Individual's liberty against illegal detention.

The appropriate writ issued by the court to quash the appointment of a person to a public office is that of ______________.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. Prohibition

  2. Quo Warranto

  3. Certiorari

  4. Mandamus

Show answer
Correct Option: B
Explanation:

The Literal meaning of Quo - warranto is "by what authority". It is issued by the court to enquire into the authority of the person occupying public office. It determines the legality of the claim of a person holding office and if found illegal such person is removed from the official position. Hence it prevents illegal occupying of public office by any person.

Which of the following writs is issued by the court in case of illegal detention of a person?

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. Habeas Corpus

  2. Mandamus

  3. Certiorari

  4. Quo Warranto

Show answer
Correct Option: A
Explanation:

The Literal meaning of 'Habeas Corpus' is "we may have the body'. It is an order issued by the court to a person who has illegally detained the other person directing him to produce such person in the court for examination of detention. The person is then freed if the detention is found to be illegal. Hence, this writ is the bulwark of Individual's liberty against illegal detention.

For the enforcement of Fundamental Rights, the Supreme Court may issue a/an _______________.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. decree

  2. ordinance

  3. notification

  4. writ

Show answer
Correct Option: D
Explanation:

The Fundamental Rights given in Part III of the Constitution are enforceable in a court of law if a violation occurs. The Constitution empowers Supreme Court and High Court under articles 32 and 226 respectively to issue writs for the safeguarding of Fundamental Rights of the Citizens. The Supreme Court and High Court in the exercise of this power can issue five Writs viz., Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo-Warranto.