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Writs under Article 32 can be issued against private individuals or bodies performing public functions.
- True
- False
Answer: True
Traditional view: Writs only against 'State' under Article 12. Expanded view (Pradeep Kumar Biswas case, 2002): Writs can issue against private bodies if: (a) Function is public in nature, (b) Body is financially/functionally controlled by State, (c) Instrumentality/agency of State. Ensures FR protection against privatized public functions.
The Supreme Court may refuse to issue a writ under Article 32 if:
- The petitioner is not a citizen
- An adequate alternative remedy is available
- The violation is of a Directive Principle
- The respondent is a State Government
Answer: An adequate alternative remedy is available
Though Article 32 is a Fundamental Right, SC exercises discretion: may refuse writ if (a) adequate alternative remedy exists (e.g., statutory appeal), (b) petition is frivolous/mala fide, (c) suppression of facts, (d) delay/laches. However, for grave FR violations or where alternative remedy is illusory, SC entertains petition. Balances access to justice with judicial economy.
Under Article 359, the President may suspend the right to move any court for enforcement of Fundamental Rights during National Emergency, except for rights under Articles ______.
- 14 and 19
- 19 and 21
- 20 and 21
- 21 and 32
Answer: 20 and 21
Article 359(1A), inserted by 44th Amendment (1978): Presidential order suspending FR enforcement cannot apply to Articles 20 (protection in conviction: no ex post facto law, no double jeopardy, no self-incrimination) and 21 (life and personal liberty). These core rights remain enforceable even during Emergency, protecting citizens from executive excesses.
Under traditional rule, only the person whose Fundamental Right is violated can file a writ petition under Article 32.
- True
- False
Answer: False
Traditional rule required personal injury (locus standi). However, Supreme Court relaxed this through Public Interest Litigation (PIL) in S.P. Gupta case (1981): Any public-spirited person can file petition for enforcement of rights of disadvantaged groups who cannot approach court themselves. Democratized access to justice while preventing frivolous litigation through judicial safeguards.
The Supreme Court can issue writs under Article 32 for enforcement of Fundamental Rights:
- Only within Delhi
- Only within the State where cause of action arises
- Throughout the territory of India
- Only against Union Government authorities
Answer: Throughout the territory of India
Article 32(2): Supreme Court's writ jurisdiction extends throughout India. High Court's jurisdiction under Article 226 is limited to: (a) territories within its State, OR (b) cause of action arising within its territories even if respondent resides outside. SC's nationwide jurisdiction ensures uniform FR protection across country.
The writ of Quo Warranto ('by what authority') is issued to inquire into the legality of a person's claim to a ______ office.
- private
- public
- temporary
- contractual
Answer: public
Quo Warranto: Issued to restrain a person from acting in a public office to which they are not entitled. Conditions: (a) Office must be public and created by Constitution/statute, (b) Person must be asserting claim to office, (c) Claim must be without legal authority. Protects public from usurpers of official positions.
The writ of Prohibition is issued after a lower court has passed an order, while Certiorari is issued before the order to prevent excess of jurisdiction.
- True
- False
Answer: False
Key distinction: (a) Prohibition is PREVENTIVE - issued while proceedings are pending, before order, to prevent lower court/tribunal from exceeding jurisdiction, (b) Certiorari is CURATIVE - issued after order is passed, to quash order made without/ excess of jurisdiction. Both available under Articles 32 & 226 against judicial/quasi-judicial bodies.
The writ of Mandamus ('we command') can be issued against which of the following?
- Private individuals
- President of India
- Public official failing to perform statutory duty
- Legislature making laws
Answer: Public official failing to perform statutory duty
Mandamus: Issued by higher court to lower court/tribunal/public authority to perform public duty imposed by law. Cannot be issued against: (a) private individuals/bodies, (b) President/Governors (constitutional heads), (c) Legislature (law-making), (d) discretionary duties. Ensures executive accountability for statutory obligations.
The writ of Habeas Corpus, meaning 'to have the body', is issued to secure the release of a person who has been ______ detained.
- legally
- illegally
- temporarily
- preventively
Answer: illegally
Habeas Corpus: Issued to produce a detained person before court to examine legality of detention. Can be issued against public authorities AND private individuals. Available under Articles 32 & 226. Not issued if: (a) detention is lawful, (b) proceeding is for contempt of court/legislature, (c) detention by competent court. Primary safeguard against arbitrary arrest.
Under Article 226, High Courts can issue writs only for enforcement of Fundamental Rights, similar to Supreme Court under Article 32.
- True
- False
Answer: False
Article 226: High Courts can issue writs for: (a) enforcement of Fundamental Rights (like SC under Article 32), AND (b) 'for any other purpose' (enforcement of legal rights). Thus, HC's writ jurisdiction is wider substantively (FRs + legal rights) though territorially limited to State. SC's writ jurisdiction is nationwide but limited to FRs.
Under which Article can a citizen directly approach the Supreme Court for enforcement of Fundamental Rights?
- Article 14
- Article 21
- Article 32
- Article 226
Answer: Article 32
Article 32(1): Right to move Supreme Court for enforcement of Fundamental Rights is itself a Fundamental Right. Dr. Ambedkar called it the 'heart and soul' of Constitution. SC can issue five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. Makes FRs enforceable, not merely declaratory.
Which statement best captures the relationship between constitutional amendments and the basic structure doctrine in India?
- Parliament can amend any provision including basic structure
- Basic structure is fixed and no amendments are permitted
- Parliament can amend any provision but cannot destroy or alter the basic structure
- Only Supreme Court can initiate constitutional amendments
Answer: Parliament can amend any provision but cannot destroy or alter the basic structure
Indian constitutional amendment framework: (a) Parliament has wide power to amend Constitution under Article 368 (including Fundamental Rights), (b) But Kesavananda Bharati (1973) limits this power: cannot alter basic structure, (c) Supreme Court is final arbiter of what constitutes basic structure, (d) Balance enables constitutional evolution while protecting core democratic values. Unique model blending flexibility with permanence.
The Supreme Court has held that while Parliament can amend the Constitution, it cannot alter the ______ of the Constitution which includes democracy, secularism, federalism, and judicial review.
- text
- spirit
- basic structure
- preamble
Answer: basic structure
Kesavananda Bharati (1973) and subsequent cases: Parliament's amending power under Article 368 is limited by basic structure doctrine. Basic structure includes: supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, free/fair elections, individual dignity. Ensures Constitution's core identity survives political changes.
Constitutional Amendments generally have prospective effect unless expressly provided otherwise, and cannot validate actions that were unconstitutional when done.
- True
- False
Answer: True
General principle: Constitutional amendments operate prospectively unless text expressly provides retrospective effect. Cannot validate actions that were unconstitutional when performed (ex post facto validation limited). However, amendments can change law for future cases and sometimes cure procedural defects. Balance between legal certainty and constitutional adaptability.
In SR Bommai case (1994), the Supreme Court reinforced that federalism is part of basic structure. Which principle did the Court emphasize regarding State autonomy?
- States can secede from Union
- Union cannot interfere in State matters even during Emergency
- State governments must enjoy constitutional protection against arbitrary dismissal
- Parliament cannot create new States
Answer: State governments must enjoy constitutional protection against arbitrary dismissal
SR Bommai v. Union of India (1994): Held federalism is basic structure; State governments have constitutional status; President's Rule under Article 356 subject to judicial review; floor test is primary method to test majority; State Assembly dissolution not automatic. Protects States from arbitrary Union interference while preserving Union's emergency powers for genuine breakdowns.
A Constitutional Amendment Bill can be introduced in either House of Parliament by a ______, and not by the President or through private members.
- Minister
- Member of Parliament
- Speaker
- Leader of Opposition
Answer: Minister
Article 368(1): Constitutional Amendment Bill can be introduced in either House only by a Minister (government bill), not by private member. Requires prior recommendation of President only for amendments affecting federal provisions (Article 368 proviso). Ensures executive responsibility for constitutional changes while allowing either House to initiate.
The Basic Structure Doctrine establishes that Parliament's amending power under Article 368 is limited, not absolute, making Indian constitutionalism a blend of parliamentary sovereignty and constitutional supremacy.
- True
- False
Answer: True
Kesavananda Bharati (1973) established: (a) Parliament has wide amending power under Article 368, (b) But cannot destroy/alter basic structure of Constitution, (c) Supreme Court is final arbiter of what constitutes basic structure. This balances: parliamentary democracy (elected representatives amend Constitution) with constitutional supremacy (core values protected from transient majorities). Unique Indian model.
As of 2024, approximately how many Constitutional Amendment Acts have been passed by Parliament?
- Around 50
- Around 75
- Around 100
- Around 125
Answer: Around 100
As of 2024, over 105 Constitutional Amendment Acts have been enacted since 1950. First Amendment (1951) addressed land reforms and free speech restrictions; latest amendments address GST, EWS reservation, cooperative societies, etc. Reflects Constitution's flexibility to adapt to changing socio-economic-political needs while preserving core values.
The Preamble of the Indian Constitution has been amended only once, by the ______ Amendment Act, 1976, adding the words 'Socialist', 'Secular', and 'Integrity'.
- 24th
- 42nd
- 44th
- 73rd
Answer: 42nd
42nd Amendment (1976): Added three words to Preamble: 'Socialist' (mixed economy, welfare state), 'Secular' (equal respect for all religions, no State religion), 'Integrity' (national unity beyond sovereignty). Preamble is part of Constitution (Kesavananda case) and amendable under Article 368, but basic structure cannot be altered.
The Supreme Court struck down the 99th Constitutional Amendment Act, 2014 (establishing NJAC for judicial appointments) holding that judicial independence and primacy of judiciary in appointments is part of basic structure.
- True
- False
Answer: True
Supreme Court Advocates-on-Record Association v. Union of India (2015): 4:1 majority struck down 99th Amendment and NJAC Act. Held: (a) Collegium system (judges appointing judges) is part of basic structure, (b) Executive participation in appointments threatens judicial independence, (c) Primacy of judiciary in appointments essential for separation of powers. Controversial judgment; debate on reform continues.