Which among the following statements regarding the powers of the High Courts under Article 226 of the Constitution of India is not correct?
- A.It can issue writs of habeas corpus, mandamus, quo warranto, certiorari, and prohibition.
- B.Writs can be issued to enforce any rights conferred by Part-III and for any other purpose.
- C.This power can derogate the power conferred on the Supreme Court under Article 32(2).
- D.Writ can be issued to any authority under its jurisdiction.
Correct answer
Explanation
The correct answer is C. Article 226(4) says expressly that the High Court's writ power shall not be in derogation of the power conferred on the Supreme Court by Article 32(2).
Article 226 lets every High Court issue directions, orders or writs, including habeas corpus, mandamus, prohibition, quo warranto and certiorari, to any person or authority, including any government, within its territorial jurisdiction. It may do so to enforce the Fundamental Rights in Part III and for any other purpose, which means it can also protect ordinary legal rights. In this sense the writ jurisdiction of a High Court is wider than that of the Supreme Court, which under Article 32 issues writs only to enforce Fundamental Rights. Yet the High Court's power does not reduce or override the Supreme Court's power under Article 32.
A is wrong as an answer because the High Court can issue all five writs. B is wrong as an answer because the words for any other purpose are in Article 226. D is wrong as an answer because writs can go to any authority within its jurisdiction.
Exam tip: Article 32 is for Fundamental Rights only; Article 226 covers them and any other purpose, without derogating from Article 32.
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.
Show answer
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.
Show answer
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
Show answer
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
Show answer
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 →