Which among the following deals with Habeas Corpus?
- A.State of Uttar Pradesh v. Raj Narain and Ors. (1975)
- B.Additional District Magistrate, Jabalpur v. Shivakant Shukla (1976)
- C.Mrs. Maneka Gandhi v. Union of India (1978)
- D.Nandini Satpathy v. P.L. Dani (1978)
Correct answer
Explanation
The correct answer is B, Additional District Magistrate, Jabalpur v. Shivakant Shukla (1976). This is the famous habeas corpus case decided during the Emergency.
During the Emergency of 1975 to 1977, the President suspended the right to move courts for the enforcement of Article 21. Many detenus filed habeas corpus petitions in High Courts, and several High Courts entertained them. In ADM Jabalpur, a five-judge bench of the Supreme Court held by a 4 to 1 majority that no such petition could be filed while the suspension lasted. Justice H. R. Khanna wrote the lone dissent, defending personal liberty. The 44th Amendment of 1978 then provided that Articles 20 and 21 cannot be suspended even in an Emergency, and in the privacy judgment of 2017 the Supreme Court said the majority view was wrong.
A is wrong because the Raj Narain case concerned the 1975 election of Indira Gandhi and the right to know. C is wrong because Maneka Gandhi was about a passport and the procedure under Article 21. D is wrong because Nandini Satpathy dealt with the right against self-incrimination.
Exam tip: ADM Jabalpur 1976 = habeas corpus case; Justice Khanna dissented; overruled in Puttaswamy 2017.
Practice Questions
View allWhich one of the following statements is correct as per the Constitution of India?
- A.Inter-State trade and commerce is a State subject under the State List.
- B.Inter-State migration is a State subject under the State List.
- C.Inter-State quarantine is a Union subject under the Union List.
- D.Corporation tax is a State subject under the State List.
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Inter-State quarantine is a Union subject, listed with inter-State migration in entry 81 of the Union List. The Seventh Schedule divides legislative subjects into the Union List, the State List and the Concurrent List.
Read the full explanation →With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
- A.The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
- B.The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
- C.In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
- D.State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.
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Article 142 empowers the Supreme Court, so the statement means that ordinary laws made by Parliament cannot limit the Court's power under it.
Read the full explanation →Which of the following statements are correct about the Constitution of India?
1. Powers of the Municipalities are given in Part IX A of the Constitution.
2. Emergency provisions are given in Part XVIII of the Constitution.
3. Provisions related to the amendment of the Constitution are given in Part XX of the Constitution.
Select the answer using the code given below:
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
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All three statements match the Parts of the Constitution correctly. Part IX A, Articles 243P to 243ZG, was added by the 74th Amendment Act, 1992 and deals with the Municipalities, including their powers and functions under Article 243W and the Twelfth Schedule.
Read the full explanation →Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
- A.Third Schedule
- B.Fifth Schedule
- C.Ninth Schedule
- D.Twelfth Schedule
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The Fifth Schedule governs the administration of Scheduled Areas and allows the Governor to stop the transfer of tribal land.
Read the full explanation →The Constitution (71st Amendment) Act, 1992 amends the Eighth Schedule to the Constitution to include which of the following languages?
1. Konkani
2. Manipuri
3. Nepali
4. Maithili
Select the correct answer using the code given below:
- A.1, 2 and 3
- B.1, 2 and 4
- C.1, 3 and 4
- D.2, 3 and 4
Show answer
The 71st Amendment of 1992 added Konkani, Manipuri and Nepali to the Eighth Schedule. The Eighth Schedule lists the languages recognised by the Constitution.
Read the full explanation →