The High Court has the jurisdiction under Article 226 for the enforcement of
- A.Civil Rights
- B.Sanctioning Rights
- C.Fundamental Rights
- D.Child Rights
Correct answer
C. Fundamental Rights
Explanation
The correct answer is C, Fundamental Rights. Article 226 gives every High Court the power to issue writs for the enforcement of Fundamental Rights. The five writs are habeas corpus, mandamus, prohibition, certiorari and quo warranto. Article 226 is in fact wider than Article 32, because a High Court may issue these writs both for Fundamental Rights and 'for any other purpose', which covers ordinary legal rights as well, while the Supreme Court's power under Article 32 is confined to Fundamental Rights. The other difference is that Article 32 is itself a Fundamental Right and cannot be taken away, whereas the power under Article 226 is not. Option A is wrong because ordinary civil rights are enforced through civil suits in the regular courts. Option B is wrong because 'sanctioning rights' is not a category the Constitution knows. Option D is wrong because children's rights come from statutes such as the Juvenile Justice Act and bodies like the NCPCR, not from Article 226. Exam tip: Article 32 — Supreme Court, Fundamental Rights only; Article 226 — High Court, wider reach.
Practice Questions
View allWho is the Administrative Head of the Indian Audit and Accounts Department?
- A.Accountant General
- B.Principal Accountant General
- C.Director General
- D.The Comptroller and Auditor General
Show answer
Correct answer: D. The Comptroller and Auditor General
Explanation
The correct answer is D, The Comptroller and Auditor General. The Comptroller and Auditor General of India heads the Indian Audit and Accounts Department, the organisation through which the audit of Union and State accounts is actually carried out. The office is created by Article 148. The CAG is appointed by the President by warrant under hand and seal, holds office for six years or until the age of sixty five, whichever comes first, and can be removed only in the manner laid down for a judge of the Supreme Court. Article 149 sets out the duties, and the audit reports go to the President or the Governor, who lays them before the legislature, where the Public Accounts Committee takes them up. A is wrong because an Accountant General heads a state level office under the CAG. B is wrong because Principal Accountant General is a senior rank of the same kind. C is wrong because a Director General serves inside the department rather than at its head. Exam tip: Article 148, the CAG heads the audit department, six years or age sixty five.
How many types of writs can be issued under Article 32 and 226 of the Constitution of India?
- A.Four
- B.Six
- C.Five
- D.Seven
Show answer
Correct answer: C. Five
Explanation
The correct answer is C, Five. Five writs can be issued: habeas corpus, mandamus, prohibition, certiorari and quo warranto. Habeas corpus asks that a detained person be produced before the court. Mandamus commands a public authority to perform a duty it has refused to perform. Prohibition stops a lower court from going beyond its jurisdiction, while certiorari quashes an order such a court has already passed. Quo warranto questions a person’s claim to hold a public office. The Supreme Court issues these under Article 32, but only to enforce fundamental rights, and the right to move the Court under Article 32 is itself a fundamental right. A High Court’s power under Article 226 is wider, because it covers both fundamental rights and other legal rights. All five were borrowed from English common law. A, B and D are wrong because the Constitution provides exactly five, no more and no fewer. Exam tip: Article 32 for the Supreme Court and Article 226 for High Courts, five writs in both.
Anti-defection law is given in which schedule of the Indian Constitution?
- A.Second Schedule
- B.Tenth Schedule
- C.Third Schedule
- D.Fourth Schedule
Show answer
Correct answer: B. Tenth Schedule
Explanation
The correct answer is B, Tenth Schedule. The anti-defection law sits in the Tenth Schedule, which sets out when a member of Parliament or of a State legislature loses the seat for defecting. It was inserted by the 52nd Constitutional Amendment Act of 1985, after a decade in which governments were toppled by floor crossing. A member is disqualified for voluntarily giving up the membership of the party on whose ticket the seat was won, or for voting against the party whip. The Speaker or the Chairman of the House decides such a case, and courts can review that decision. The 91st Amendment of 2003 removed the old one third split defence, so only a merger supported by two thirds of a party’s legislators is now protected. A is wrong because the Second Schedule fixes the salaries and allowances of the President, Governors, Speakers and judges. C is wrong because the Third Schedule carries the forms of oath and affirmation. D is wrong because the Fourth Schedule allots Rajya Sabha seats to states and union territories. Exam tip: Tenth Schedule, anti-defection, 52nd Amendment of 1985.
Which of the following Union Territories is given partial statehood in India?
- A.Chandigarh
- B.Dadra and Nagar Haveli
- C.Daman Diu
- D.Puducherry
Show answer
Correct answer: D. Puducherry
Explanation
The correct answer is D, Puducherry. Puducherry is a Union Territory with a legislature of its own, which is why it is said to have partial statehood. Article 239A, added in 1962, allowed Parliament to create a legislature and a council of ministers for such a territory, and the Government of Union Territories Act, 1963 gave Puducherry an Assembly and a Chief Minister, while an administrator styled Lieutenant Governor still represents the President. Delhi has a similar arrangement under Article 239AA, and Jammu and Kashmir became a Union Territory with a legislature in 2019. A is wrong because Chandigarh is administered directly, with the Governor of Punjab acting as its administrator. B and C are wrong because Dadra and Nagar Haveli and Daman and Diu, merged into a single Union Territory in 2020, have no legislature and are run by an administrator. Exam tip: the Union Territories with legislatures are Delhi, Puducherry and Jammu and Kashmir.
Which of the following is a subject of the state list?
- A.Banking
- B.Defence
- C.Police
- D.Forests
Show answer
Correct answer: C. Police
Explanation
The correct answer is C, Police. The Seventh Schedule of the Constitution divides subjects into three lists, and public order and police are the first two entries of the State List, so each state makes its own laws on them and runs its own force. That is why policing is called a state subject, and why central armed police forces go into a state mainly at its request or in a Union Territory. A is wrong because banking is in the Union List, which is why the Reserve Bank and the regulation of banks rest with the Centre. B is wrong because defence is the first entry of the Union List. D is wrong because forests, which were once a State List subject, were moved to the Concurrent List by the 42nd Amendment of 1976, along with education, weights and measures, and the protection of wild animals and birds. Exam tip: police and public order are State List subjects; forests and education moved to the Concurrent List in 1976.