21.Article 31-35, Directive Principles of State Policy Flashcards
What is the purpose of Article 32 of the Indian Constitution?
Article 32 provides remedies for the enforcement of fundamental rights. It ensures that fundamental rights have effective machinery for enforcement when they are violated.
Why is Article 32 considered a basic feature of the Constitution?
Article 32 is considered a basic feature of the Constitution because it confers the right to remedies for the enforcement of fundamental rights. It is regarded as the most important article by Dr. Ambedkar and is the soul and heart of the Constitution.
What can Parliament do regarding Article 32?
Parliament has the power to empower any other court to issue directions, orders, and writs of all kinds, thereby extending the scope of Article 32 beyond the Supreme Court.
When can the President suspend the right to move any court under Article 32?
The President can suspend the right to move any court for the enforcement of fundamental rights during a National Emergency under Article 359.
What does Article 32 of the Indian Constitution grant to individuals?
Article 32 grants individuals the right to move the Supreme Court to seek justice when they feel that their rights have been unduly deprived or taken away without a valid reason.
What authority does the Supreme Court have under Article 32?
The Supreme Court is the protector and guarantor of fundamental rights and has the authority to issue directions or orders for the execution of any of the rights bestowed by the Constitution.
What is a writ?
A writ is a written order issued by a higher court to a lower court, individual, or institution in cases where a citizen’s fundamental rights are violated.
Which articles of the Indian Constitution empower the Supreme Court and High Courts to issue writs?
The Supreme Court is empowered to issue writs under Article 32 of the Indian Constitution, while the High Courts have this authority under Article 226.
What is the purpose of issuing a writ?
Writs are issued to ensure the protection and enforcement of fundamental rights. They provide a legal remedy when someone’s rights are infringed upon.
Are writs limited to the Supreme Court?
No, writs can be issued by both the Supreme Court and the High Courts. The Supreme Court can issue writs for the enforcement of fundamental rights throughout India, while the High Courts can issue writs within their respective jurisdictions.
What are the different types of writs?
The commonly recognized types of writs in India include habeas corpus, mandamus, prohibition, certiorari, and quo warranto. Each writ serves a specific purpose in ensuring justice and protecting individual rights.
How do writs contribute to upholding the rule of law?
Writs play a crucial role in upholding the rule of law by providing an avenue for individuals to seek judicial redress when their fundamental rights are violated. They act as a check on the actions of government authorities and ensure the enforcement of constitutional rights.
What is the meaning of the term “Habeas Corpus”?
The term “Habeas Corpus” means “You may have the body.”
What is the purpose of issuing a Habeas Corpus writ?
The purpose of a Habeas Corpus writ is to release a person who has been unlawfully detained, whether in prison or in private custody.
What does the term “Mandamus” mean?
The term “Mandamus” means “We command.”
What is the purpose of issuing a Mandamus writ?
The purpose of a Mandamus writ is to secure the performance of public duties by a lower court, tribunal, or public authority.
What is the meaning of the term “Certiorari”?
The term “Certiorari” means “To be certified.”
What is the purpose of issuing a Certiorari writ?
The purpose of a Certiorari writ is to quash an order already passed by an inferior court, tribunal, or quasi-judicial authority.
What is the meaning of the term “Prohibition”?
The term “Prohibition” does not have a specific meaning mentioned in the given table.
What is the purpose of issuing a Prohibition writ?
The purpose of a Prohibition writ is to prohibit an inferior court from continuing the proceeding in a particular case where it has no jurisdiction to try.
What does the term “Quo Warranto” mean?
The term “Quo Warranto” means “What is your authority.”
What is the purpose of issuing a Quo Warranto writ?
The purpose of a Quo Warranto writ is to restrain a person from holding a public office which they are not entitled to.
What is the meaning of the term “Habeas Corpus”?
The meaning of the term “Habeas Corpus” is “You have the Body.”
What is the main purpose of the Habeas Corpus writ?
The main purpose of the Habeas Corpus writ is to seek relief from the unlawful detention of an individual.
What does the Habeas Corpus writ protect against?
The Habeas Corpus writ protects the individual from being harmed by the administrative system and safeguards their freedom against arbitrary state action that violates fundamental rights.
What rights under the Constitution does the Habeas Corpus writ protect?
The Habeas Corpus writ protects the fundamental rights under Articles 19, 21, and 22 of the Constitution.
What is the significance of the Habeas Corpus writ?
The Habeas Corpus writ provides immediate relief in cases of unlawful detention.
Who can seek a Habeas Corpus writ?
The affected individual or someone else on behalf of the affected individual can seek a Habeas Corpus writ.
What was the impact of the ADM Jabalpur vs Shivakant case on Habeas Corpus?
The ADM Jabalpur vs Shivakant case resulted in countless arrests under preventive detention, limiting the claim to liberty under emergency circumstances.
How was the Habeas Corpus case revisited in 2017?
In 2017, a nine-judge Constitution bench upheld privacy as a fundamental right, overruling the 1976 verdict and deeming the ADM Jabalpur Case judgment as flawed.
What is the meaning of the term “Quo Warranto”?
The meaning of the term “Quo Warranto” is “By what means or authority.”
In what type of cases is the Writ of Quo Warranto invoked?
The Writ of Quo Warranto is invoked in cases of public offices.
What is the purpose of the Writ of Quo Warranto?
The purpose of the Writ of Quo Warranto is to restrain individuals from acting in a public office to which they are not entitled.
Is the concept of “office” different from a “seat” in the legislature when it comes to Quo Warranto?
Yes, although the term ‘office’ is different from ‘seat’ in the legislature, a writ of Quo Warranto can still be issued with respect to the post of Chief Minister holding an office.
Can anyone challenge the appointment to a public office using the Writ of Quo Warranto?
Yes, appointment to a public office can be challenged by any person, regardless of whether their fundamental or any legal right has been infringed.
What is the meaning of the term “Mandamus”?
The meaning of the term “Mandamus” is “We Command” in Latin.
What is the purpose of the Writ of Mandamus?
The purpose of the Writ of Mandamus is to ensure the correct performance of mandatory and purely ministerial duties by the administration or the executive.
Can the Writ of Mandamus be issued against the President and the Governor?
No, the Writ of Mandamus cannot be issued against the President and the Governor.
How does the Writ of Mandamus safeguard the public?
The Writ of Mandamus safeguards the public from the misuse of authority by administrative bodies.
What are the conditions for the issuance of the Writ of Mandamus?
The conditions for the issuance of the Writ of Mandamus are:
*The applicant must have a legal right for the performance of a legal duty.
*The nature of the duty must be public.
*The right being sought to be enforced must already be infringed.
Are high dignitaries like the President and the Governors subject to the Writ of Mandamus?
The Courts are unwilling to issue a writ of mandamus against high dignitaries like the President and the Governors.
What does the term “Certiorari” mean?
The term “Certiorari” means “to be certified” in Latin.
What is the purpose of the Writ of Certiorari?
The purpose of the Writ of Certiorari is to quash or cure the judgment of a lower judicial body.
When is a Writ of Certiorari issued?
A Writ of Certiorari is issued when there is a wrongful exercise of jurisdiction and the decision of the case is based on it.
Who can move the Writ of Certiorari to higher courts?
The affected parties can move the Writ of Certiorari to higher courts like the High Court or the Supreme Court.
What are the grounds for the issue of a Writ of Certiorari?
There are several grounds for the issue of a Writ of Certiorari, including acting without jurisdiction or in excess, violation of principles of natural justice, opposition to the procedure established by law, and an error in judgment on the face of it.
Against what type of orders is the Writ of Certiorari issued?
The Writ of Certiorari is issued against judicial or quasi-judicial orders, not purely administrative or ministerial orders.
When is the Writ of Certiorari issued in relation to the timing of the order?
The Writ of Certiorari is issued after the passing of the order.
What is the purpose of the Writ of Prohibition?
The purpose of the Writ of Prohibition is to prevent an inferior court from exceeding its jurisdiction or acting contrary to the rules of Natural Justice.
When is the Writ of Prohibition issued?
The Writ of Prohibition is issued to a lower or subordinate court by superior courts in order to restrain it from doing something it is not supposed to do according to the law.
Under what circumstances is the Writ of Prohibition usually issued?
The Writ of Prohibition is usually issued when lower courts act in excess of their jurisdiction or outside their jurisdiction.
What is the effect of the Writ of Prohibition on the lower court proceedings?
Once the Writ of Prohibition is issued, the lower court is bound to stop its proceedings. It should be issued before the lower court passes an order.
What is the nature of the Writ of Prohibition?
The Writ of Prohibition is of a preventive nature, based on the principle that “prevention is better than cure.” It aims to prevent improper actions by the lower court.
Which court has the authority to issue the Writ of Prohibition?
Superior courts have the authority to issue the Writ of Prohibition to lower or subordinate courts.
What are the exceptions to Article 32?
The exceptions to Article 32 include Articles 33 and 34, which limit the privileges granted under Article 32 in certain circumstances.
When do the guaranteed Fundamental Rights of citizens remain suspended under Article 32?
The guaranteed Fundamental Rights of citizens remain suspended under Article 32 when an emergency is proclaimed under Article 352 of the Constitution.
Which Fundamental Rights are restricted by Parliament under Article 358?
Parliament can restrict the Fundamental Rights guaranteed under Article 19 during the pendency of an emergency under Article 358.
What is the power conferred by Article 359?
Article 359 confers the power to the President to suspend Article 32 of the Constitution.
What is the procedure for suspending Article 32 under Article 359?
The President’s order to suspend Article 32 is to be submitted to the Parliament, and the Parliament may disapprove the President’s order.
What did the people in the drafting committee say about Article 32?
People in the drafting committee said that Article 32 is a fundamental right fundamental to all the other fundamental rights guaranteed under the Constitution. It provides the right to approach the Supreme Court as a remedy if fundamental rights are violated.
Can Article 32 be suspended during an Emergency?
The Constituent Assembly debated whether fundamental rights, including Article 32, could be suspended or limited during an Emergency. However, it was argued that Article 32 cannot be suspended except during a period of Emergency.
What did the Court say about the right to approach the Supreme Court under Article 32?
The Court stated that the right to approach the Supreme Court under Article 32 is itself a fundamental right. Interfering with this right would amount to a serious and direct interference in the administration of justice in the country.
Is Article 32 considered a part of the Basic Structure of the Constitution?
Yes, the Court has held that Article 32 is a part of the Basic Structure of the Constitution.
Can people seek remedies under the Constitution even if Article 32 is suspended?
Yes, even if Article 32 is suspended, people have the right to seek remedies under Article 226 of the Constitution. Article 226 confers even wider powers to High Courts than Article 32 for issuing writs.
What powers do High Courts have under Article 226?
Under Article 226, High Courts have the power to issue all five types of writs and any other writs that may be required.
Who does Article 33 empower the Parliament to restrict or abrogate fundamental rights for?
Article 33 empowers the Parliament to restrict or abrogate fundamental rights for members of the armed forces, para-military forces, police forces, intelligence agencies, and similar forces.
What is the objective of Article 33?
The objective of Article 33 is to ensure the proper discharge of duties and the maintenance of discipline among the members of the mentioned forces.
What does Article 34 provide for?
Article 34 provides for restrictions on fundamental rights while martial law is in force in any area within the territory of India.
What power does Article 34 give to the Parliament?
Article 34 empowers the Parliament to indemnify any government servant or any other person for any act done by them in connection with the maintenance or restoration of order in an area where martial law is in force.
What does Article 35 specify regarding the power to make laws for fundamental rights?
Article 35 states that the power to make laws and give effect to certain specified fundamental rights is vested only in the Parliament and not in state legislatures.
What are the provisions of Article 35?
The provisions of Article 35 include prescribing residence as a condition for certain employment or appointments, empowering courts other than the Supreme Court and high courts to issue writs, restricting or abrogating the application of fundamental rights to certain groups, and indemnifying government servants or others for acts done during martial law.
What is the purpose of prescribing residence as a condition for employment or appointments?
The purpose is to ensure that certain employment or appointments in a state or union territory or local authority or other authority under Article 16 are subject to a requirement of residence.
Which courts are empowered to issue writs for the enforcement of fundamental rights under Article 32?
Courts other than the Supreme Court and high courts are empowered to issue writs of all kinds for the enforcement of fundamental rights under Article 32.
What offenses can be punished under laws made by Parliament under Article 35?
Acts that are declared to be offenses under fundamental rights, such as untouchability (Article 17) and trafficking in human beings and forced labor (Article 23), can be punished under laws made by Parliament under Article 35.
When was the right to property abolished as a Fundamental Right?
The right to property was abolished as a Fundamental Right by the 44th Amendment Act of 1978.
What was inserted in the constitution in place of the right to property as a Fundamental Right?
The 44th Amendment Act inserted a new Article 300A in Part XII of the constitution, which provides for the right to property as a legal or constitutional right, but not a fundamental right.
Are there any provisions related to compensation for property acquisition in the constitution?
Yes, there are two provisions related to compensation for property acquisition. Article 30 guarantees compensation when the state acquires the property of a minority educational institution, and Article 31A guarantees compensation when the state acquires land held by a person under personal cultivation within the statutory ceiling limits.
Which articles have been retained as exceptions to the fundamental rights?
Articles 31A, 31B, and 31C have been retained as exceptions to the fundamental rights.
What does Article 31A save from being challenged on the grounds of contravening fundamental rights?
Article 31A saves laws related to agricultural land reforms, industry, and commerce from being challenged and invalidated on the grounds of contravening fundamental rights.
What is the purpose of Article 31B?
Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the grounds of contravening any of the fundamental rights.
Is there blanket immunity from judicial review for laws included in the Ninth Schedule?
No, in the I.R. Coelho case (2007), the Supreme Court ruled that there cannot be any blanket immunity from judicial review of laws included in the Ninth Schedule. Laws placed under the Ninth Schedule after April 24, 1973, can be challenged in court if they violate fundamental rights or basic features of the constitution.
