Indian Polity GK Questions with Answers – Page 44

The framers took the office of the Comptroller and Auditor General, along with parliamentary government, the rule of law, single citizenship and the writs, from the British Constitution, where an officer of the same name audits public spending for Parliament.

Article 76 requires the Attorney General to be a person qualified to be appointed a judge of the Supreme Court, which is why the paper puts the answer as Supreme Court Judge.

Article 76 says he is appointed by the President and holds office during the pleasure of the President, and the Constitution prescribes neither a fixed term nor any procedure for his removal.

Habeas corpus is refused where the detention is lawful, where the proceeding is for the contempt of a legislature or a court, where the detention has been ordered by a competent court, and where the detention is outside the territorial jurisdiction of the court approached.

Article 32 appears in Part III and is a Fundamental Right in its own right, which is why a petition under it cannot be refused once a breach of another Fundamental Right is established.

Judicial review, together with the independence of the judiciary, the removal of judges by impeachment, the written preamble and Fundamental Rights, is among the features the makers of the Indian Constitution took from the American system, where the Supreme Court asserted the power in Marbury v. Madison in 1803.

In Minerva Mills v. Union of India the Supreme Court struck down the provisions inserted by the 42nd Amendment Act of 1976 which had declared that no constitutional amendment could be called in question in any court and had given Parliament unlimited amending power, holding that both judicial review and…

Article 226 empowers every High Court to issue directions, orders or writs, including the five writs, for the enforcement of Fundamental Rights and for any other purpose, and that last phrase is what makes the High Court's writ jurisdiction wider than the Supreme Court's. Option A is wrong because Article…

Quo warranto, meaning by what authority, asks a person occupying a public office to show the legal basis of the claim to it, and because an unlawful occupation of public office is a public wrong, the courts allow any interested person to apply, not merely one who has suffered a…

Mandamus means we command, and it is issued to a public body or official to perform a public duty that it has refused to perform.

Prohibition means to forbid. It is issued by a superior court to a lower court or a tribunal to stop it from continuing with a proceeding that lies beyond its jurisdiction, so by its nature it can be directed only at bodies exercising judicial or quasi-judicial functions, never at an…

Article 32 guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights and empowers the Court to issue directions, orders and writs for that purpose, which is why it is titled the right to constitutional remedies and why Dr B. R. Ambedkar described it as the…

Habeas corpus can be issued by the Supreme Court under Article 32, where it is a remedy for the breach of the Fundamental Right to personal liberty, and by every High Court under Article 226, which covers Fundamental Rights and any other purpose as well.

Certiorari is Latin for to be certified or to be informed, and the writ does exactly that: a higher court calls up the record of a case from a lower court or tribunal, either to transfer the matter to itself or to quash an order already passed because of excess…

The Act created the Lokpal, an anti-corruption ombudsman for the Union, consisting of a Chairperson and members of whom not more than half are judicial members, and it required the States to establish a Lokayukta.

The article, inserted by the 7th Constitutional Amendment Act, 1956, requires the President to appoint a Special Officer for Linguistic Minorities, usually called the Commissioner for Linguistic Minorities, to investigate all matters relating to the safeguards provided for linguistic minorities and to report to the President, who places the report…

The Central Information Commission was created by the Right to Information Act, 2005, and hears second appeals from the orders of public information officers and first appellate authorities of the Union.

It provides that the Chairman or any other member of a Public Service Commission shall be removed from office by order of the President on the ground of misbehaviour only after the Supreme Court, on a reference made by the President, has held an inquiry and reported that the member…

The article requires the President to appoint a person qualified to be a judge of the Supreme Court as Attorney General for India, the highest law officer of the Union, who advises the Government on legal matters and appears for it in the Supreme Court.

NITI Aayog, the National Institution for Transforming India, was created by a resolution of the Union Cabinet dated 1 January 2015, and it therefore has neither constitutional nor statutory standing.