Which of the following statements about Public Interest Litigation (PIL) is/are correct? 1. In India, it adheres to the strict requirements imposed by the doctrine of locus standi. 2. Letters to judges may be treated as petitions. 3. M. C. Mehta vs. Union of India was a PIL that expanded the scope of Article 21 and Article 32 of the Constitution of India. Select the answer using the code given below.
- A.1,2 and 3
- B.2 and 3 only
- C.3 only
- D.1 and 2 only
Correct answer
Explanation
The correct answer is B, 2 and 3 only. PIL in India relaxes the rule of locus standi, so statement 1 is wrong, while statements 2 and 3 are correct.
Under the traditional rule of locus standi, only a person whose own right is hurt may approach a court. In PIL the Supreme Court, led by Justices P.N. Bhagwati and V.R. Krishna Iyer from the late 1970s, allowed any public-spirited person to file a case for those who cannot reach the court. The court even treated letters and postcards as writ petitions, a practice called epistolary jurisdiction. In M.C. Mehta vs. Union of India (1987), the oleum gas leak case, the court laid down absolute liability, read the right to a healthy environment into Article 21 and held that under Article 32 it could award compensation.
A is wrong: statement 1 is false, as PIL does away with strict locus standi.
C is wrong: statement 2 is also true, since letters have been treated as petitions.
D is wrong: it includes the false statement 1 and leaves out the true statement 3.
Exam tip: PIL relaxes locus standi; letters as petitions = epistolary jurisdiction; M.C. Mehta 1987 = absolute liability.
Practice Questions
View allWhich of the following statements about the Convention on the Elimination of All Forms of Discrimination against Women are correct? 1. The Convention was the culmination of more than thirty years of work by the United Nations Commission on the Status of Women. 2. The Convention devotes major attention to women's reproductive rights. 3. The implementation of the Convention is monitored by the Committee on Human Rights. Select the answer using the code given below.
- A.1 and 2 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
Show answer
CEDAW grew out of the Commission on the Status of Women and addresses reproductive rights, but it has its own monitoring committee.
Read the full explanation →Which of the following are a part of the 'basic features' of the Constitution of India as drawn from various decisions of the Supreme Court? 1. Effective access to justice 2. Rule of Law 3. Limitations upon the amending power under Article 368 Select the correct answer using the code given below.
- A.1 and 2 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
Show answer
The Supreme Court has counted all three among the basic features that Parliament cannot destroy. The basic structure doctrine was laid down in Kesavananda Bharati (1973): Parliament can amend any part of the Constitution under Article 368 but cannot alter its basic structure.
Read the full explanation →The Governor of a state may exercise discretionary powers when 1. he or she is not convinced by the advice of the Council of Ministers 2. the Constitution requires him/her to act in his/her discretion in certain matters 3. he or she is appointed as the administrator of an adjoining Union Territory Select the correct answer using the code given below :
- A.1, 2 and 3
- B.1 and 2 only
- C.2 and 3 only
- D.3 only
Show answer
The Governor acts in discretion only where the Constitution allows it, which includes running an adjoining Union Territory. Article 163 says the Council of Ministers headed by the Chief Minister aids and advises the Governor, except where the Constitution requires the Governor to act in discretion.
Read the full explanation →Which of the following statements in respect of the nature of the federal system in India is/are correct? 1. Since the States had an independent existence prior to the formation of the Federation, the Constitution of India provided for safeguards for protecting 'State rights', similar to the Constitution of the United States. 2. The residuary powers are reserved with the States under the Constitution of the United States, but these are with the Union under the Constitution of India. 3. The Constitution of India has followed the Irish Constitution in vesting the residuary powers. Select the answer using the code given below.
- A.1, 2 and 3
- B.2 only
- C.2 and 3 only
- D.1 and 3 only
Show answer
Only the statement about where residuary powers lie is correct. The American federation was formed by an agreement among states that already existed, so its Constitution guards 'State rights'.
Read the full explanation →With reference to the election of the President of India, consider the following statements : 1. The value of the vote of each MLA varies from State to State. 2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha. Which of the statements given above is/are correct ?
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
Show answer
An MLA's vote value depends on the State's population, but every elected MP, in either House, has the same vote value.
Read the full explanation →