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 -
- (a)Only 2
- (b)Only 1
- (c)Neither 1 nor 2
- (d)Both 1 and 2
Correct — D, Both 1 and 2. Statement 1 restates Article 32(2): the Supreme Court can issue directions, orders or writs — habeas corpus, mandamus, prohibition, quo warranto and certiorari — for the enforcement of Fundamental Rights. Statement 2 restates Article 32(3): 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 Article 32(2). Both are accurate constitutional provisions, so (d) is correct.
- (a)Only 2 — Statement 1 is also correct — it is exactly Article 32(2).
- (b)Only 1 — Statement 2 is also correct — Article 32(3) does allow Parliament to empower other courts with these powers.
- (c)Neither 1 nor 2 — Both statements are correct paraphrases of Article 32, so 'Neither' is wrong.
Article 32 — the Right to Constitutional Remedies, which Dr B. R. Ambedkar called the 'heart and soul' of the Constitution. Article 32(1) guarantees the right to move the Supreme Court to enforce Fundamental Rights; 32(2) gives the Court power to issue the five writs; 32(3) lets Parliament empower other courts to exercise these powers; 32(4) bars suspension of this right except as the Constitution provides. High Courts have even wider writ power under Article 226 (for FRs and 'any other purpose').
Both statements are textbook-accurate paraphrases of Article 32(2) and 32(3), so the answer is 'Both'. The only trap is doubting statement 2 — but Parliament can indeed empower other courts under Article 32(3).
- Article 32(2): Supreme Court may issue writs — habeas corpus, mandamus, prohibition, quo warranto, certiorari — to enforce Fundamental Rights.
- Article 32(3): Parliament may empower any other court to exercise the Supreme Court's writ powers within its jurisdiction.
- Article 32 is itself a Fundamental Right (Right to Constitutional Remedies) — Ambedkar's 'heart and soul'.
- High Courts issue the same writs under Article 226, for FRs and any other legal right.
Article 32(2) lets the Supreme Court issue all five writs to enforce Fundamental Rights; 32(3) lets Parliament empower other courts too — so both statements are correct.
- Thinking only the Supreme Court — not High Courts — can issue writs.
- Confusing prohibition (issued before, to prevent) with certiorari (issued after, to quash).
Statement-based questions on Article 32 provisions, and writ-to-function matching (mandamus, quo warranto, certiorari).
Which one of the following rights was described by Dr B. R. Ambedkar as the heart and soul of the Constitution?
- (a) Right to freedom of religion
- (b) Right to property
- (c) Right to equality
- (d) Right to Constitutional remedies
Answer(d) Right to Constitutional remedies
Same concept — Article 32 (Right to Constitutional Remedies), the provision that empowers the Supreme Court to issue writs.
With reference to the writs issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty. 2. Mandamus will not lie against a Company even though it may be a Government Company. 3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto. Which of the statements given above are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer(c) 1 and 3 only
Same concept — the writs (mandamus, quo warranto) courts issue to enforce rights and check public authorities.
- practice — not a real PYQ
The writ issued to quash an order already passed by a lower court or tribunal is:
- (a)Prohibition
- (b)Certiorari
- (c)Mandamus
- (d)Quo Warranto
Answer(b) Certiorari — issued after the order, to quash it.
- practice — not a real PYQ
Under which Article can High Courts issue writs, including for purposes other than the enforcement of Fundamental Rights?
- (a)Article 32
- (b)Article 226
- (c)Article 136
- (d)Article 143
Answer(b) Article 226.