1

CDS – 2 VIRAAT 2023

Writs DPP: 9.1

1. Which fundamental right guarantees protection 7. Considering Article 19 of the Indian Constitution,
against discrimination on grounds of religion, race, identify which of the following statements is not
caste, sex, or place of birth? true.
(a) Right to Equality (a) It is available only to the citizens of India.
(b) Right to Freedom of Religion (b) Originally, seven rights were listed under
(c) Right against Exploitation Article 19.
(d) Right to Constitutional Remedies (c) All the rights listed under article 19 are
available against state as well as private
2. Which fundamental right has Dr. Ambedkar referred individuals.
to as "The heart and soul of the Constitution"? (d) 44th Amendment of 1978, deleted one of the
(a) Right to Freedom rights listed under article 19.
(b) Right to Constitutional Remedies
(c) Right to Education 8. Which of the following fundamental rights,
(d) Right to Equality guaranteed by the given articles, are available to
both Indian citizens and foreign citizens?
1. Article 15
3. The idea of fundamental rights in the Indian
2. Article 30
Constitution has been derived from which country’s
3. Article 24
constitution?
4. Article 25
(a) British Constitution
Choose the correct option
(b) U.S. Constitution
(a) 1, 2 and 4 (b) 3 and 4 only
(c) Canadian Constitution
(c) 1, 2 and 3 (d) None of the above
(d) Soviet Constitution
9. In which case did the Supreme Court of India hold
4. As of now, how many Fundamental Rights are that the Fundamental Right can be amended without
guaranteed under the Constitution of India? affecting the basic structure of the constitution?
(a) Five (b) Six (a) Kesavananda Bharati case
(c) Seven (d) Eight (b) Golaknath case
(c) Maneka Gandhi case
5. The right against exploitation has been guaranteed (d) Gopalan case
under which article of the Indian Constitution?
(a) Article 22 and 23
10. Who headed the second Backward Classes
(b) Article 23 to 25 Commission appointed by the government of India
(c) Article 23 and 24 in 1979?
(d) Article 24 and 25 (a) Shri Kaka Kalelkar
(b) Madan Mohan Punchhi
6. In the context of disputes related to the violation of (c) R.S. Sarkaria
Fundamental Rights, which authority should be (d) B.P. Mandal
approached for resolution?
1. President of India
11. Which entities are authorized to enforce reasonable
2. Supreme Court of India
limitations on the Fundamental Rights of Indian
3. Parliament of India
citizens, as mentioned in the Constitution?
4. High Court
Choose the correct option: (a) Supreme court of India
(a) 1, 2 and 3 (b) 2 only (b) President of India
(c) 1, 2, 3 and 4 (d) 2 and 4 only (c) Parliament
(d) Parliament and state legislative assembly
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12. Which dimension of freedom of movement is 18. Which of the following options is correct regarding
protected by Article 19? Article 22 of the Indian constitution?
(a) Internal movement within the country 1. Both Parliament and state legislatures have the
(b) External movement out of the country power to make a law of preventive detention for
(c) Both internal and external movement reasons connected with defence, foreign affairs,
(d) None of the above and the security of India.
2. The 44th Amendment Act of 1976 brought into
13. Which of the following pairs is not correctly effect the provision to shorten the duration of
matched? detention without requiring the advisory board's
1. Right to sleep Included under opinion from three months to two months.
Article 19 Choose the correct option.
2. Freedom of silence Included under (a) Both 1 and 2 (b) Neither 1 nor 2
Article 19 (c) Only 1 (d) Only 2
3. Right to wear and carry Included under
kirpans by Sikhs Article 26 19. Under Article 15, the provision for the reservation
4. Right to livelihood Included under of seats for admission to educational institutions, for
Article 21 backward classes of citizens including SCs and STs
(a) Only 2 (b) 1 and 3 only was added to the constitution by the
(c) 1, 3 and 4 (d) 4 only (a) 91st Amendment
(b) 92nd Amendment
14. Which article of the Indian constitution grants the (c) 93rd Amendment
Parliament the authority to limit or revoke the (d) 94th Amendment
fundamental rights of armed forces personnel?
(a) Article 32 (b) Article 33 20. Which of the following articles provides authority to
(c) Article 34 (d) Article 35 safeguard the fundamental rights of citizens to the
Supreme Court?
15. Which article under Part III of the Indian (a) Article 31 (b) Article 32
Constitution explicitly provides for the doctrine of (c) Article 33 (d) Article 34
judicial review?
(a) Article 13 (b) Article 16 21. The Supreme Court of India derives its power to
(c) Article 21 (d) Article 22 issue writs from which article of the Constitution of
India?
16. Which case overruled the Supreme Court's judgment (a) Article 31 (b) Article 32
in the Gopalan case and introduced the wider (c) Article 226 (d) Article 33
interpretation of Article 21?
(a) I. C. Golaknath Case 22. The idea of including writs in the Indian constitution
(b) Kesavananda Bharati Case has been borrowed from the ________________
(c) Berubari Case constitution.
(d) Menaka Gandhi Case (a) British Constitution
(b) American Constitution
17. Identify which of the following statements is not (c) Irish Constitution
true regarding the right to education. (d) Canadian Constitution
1. It was introduced in the Indian Constitution by
the 86th Constitutional Amendment Act, 2000. 23. Which of the following bodies in India has the
2. Under right to education children from the age authority to issue writs in India for the protection of
of Six to fourteen years are entitled to free and the fundamental rights of an individual?
compulsory education. 1. Supreme Court of India
3. Part IV of the Indian Constitution originally 2. Parliament
contained a provision for free and compulsory 3. President of India
education for children. 4. High Courts
4. P. V. Narasimha Rao was the Prime minister of Choose the correct option.
India when right to education was introduced. (a) 1, 3 and 4 (b) Only 1
(a) 1 and 3 only (b) 1, 2, 3 and 4 (c) 1, 2, 3 and 4 (d) Only 1 and 4
(c) 3 and 4 only (d) 1 and 4 only
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24. Which article of the Indian Constitution grants the 29. Which of the statement is correct:
High Courts of India the power to issue writs? 1. It can be issued by High court and supreme
(a) Article 221 court only.
(b) Article 225 2. Before 1960 the high court of Calcutta,
(c) Article 226 Bombay and Madras were able to issue writs.
(d) Article 228 3. High Court has wider jurisdiction than supreme
court.
25. What does the term "certiorari" literally mean? (a) 1 and 2 only
(a) To be informed (b) 2 and 3 only
(b) To forbid (c) 1 and 3 only
(c) To be curative (d) All of the above
(d) By what authority
30. Identify which of the following pairs is not correct:
26. Which writ is issued by the Supreme Court or High 1. Habeas Corpus Can only be issued against
Court to a public authority, commanding it to public authorities
perform its legal duties or refrain from acting in an
illegal manner? 2. Mandamus Cannot be issued against the
(a) Writ of Certiorari Prime Minister of India,
(b) Writ of Mandamus President of India and the
(c) Writ of Habeas Corpus Governor of the state
(d) Writ of Prohibition
3. Prohibition Is both preventive as well as
27. Which of the following statement is NOT correct curative in nature
about writ of prohibition:
1. It can be issued against administrative bodies. 4 Quo- Issued against only public
2. It prevents the related body from exceeding its Warrantor office.
jurisdiction.
(a) Only 1 and 2
3. Writs are issued to maintain the rule of law and
(b) 4 only
protection of fundamental rights.
(c) 1, 2 and 3
Choose the correct option from the given option.
(d) 1 and 2 only
(a) 1 and 2 only
(b) 1 only
(c) 1 and 3 only
(d) 2 and 3 only

28. The exercise of writ jurisdiction is discretionary for

______________.
(a) The Supreme Court under Article 32.
(b) The High Court under Article 226.
(c) Both the Supreme Court and the High Court.
(d) Neither the Supreme Court nor the High Court.
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Answer Key
1. (a) 16. (d)
2. (b) 17. (d)
3. (b) 18. (b)
4. (b) 19. (c)
5. (c) 20. (b)
6. (d) 21. (b)
7. (c) 22. (a)
8. (b) 23. (d)
9. (a) 24. (c)
10. (d) 25. (a)
11. (c) 26. (b)
12. (a) 27. (b)
13. (b) 28. (b)
14. (b) 29. (c)
15. (a) 30. (c)

Hints and Solutions
1. (a)
Key Concept:
Fundamental Rights
Explanation:
The Right to Equality is one of the fundamental
rights guaranteed by the Constitution of India.
It is enshrined in Article 14 to Article 18 of the
Indian Constitution and ensures that all individuals
are treated equally under the law without any
discrimination.
Article 15 of the Indian Constitution deals with the
prohibition of discrimination on grounds of religion,
race, caste, sex, or place of birth.
It is a fundamental right that falls under the Right to
Equality.
This provision ensures that the State, including the
government and its authorities, does not
discriminate against any citizen based on the
specified grounds.
It guarantees equal treatment and protection for all
individuals, irrespective of their religion, race, caste,
sex, place of birth, or any combination of these
factors.
Additional Information:
Article 15(3) allows the government to make special
provisions for women and children.
Article 15(4) enables the State to make special
provisions for the advancement of socially and
educationally backward classes of citizens,
including Scheduled Castes (SCs) and Scheduled
Tribes (STs).
Article 15(5) provides for the reservation of seats or
quotas for admission to educational institutions,
including private educational institutions, for
backward classes of citizens, which can also include
SCs and STs
2. (b)
Key Concept:
Fundamental Rights
Explanation:
The Right to Constitutional Remedies is a
fundamental right enshrined in the Constitution of
India.
Dr. B.R. Ambedkar, the principal architect of the
Indian Constitution, described this right as "the heart
and soul of the Constitution" due to its crucial role
in safeguarding and enforcing all other rights
granted to the citizens.
The Right to Constitutional Remedies is outlined in
Article 32 of the Indian Constitution.
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It empowers individuals to seek legal remedies and
approach the Supreme Court for the enforcement of
their fundamental rights.
This right ensures that any violation or infringement
of fundamental rights can be challenged and
remedied through the judiciary.
The Right to Constitutional Remedies grants the
power to issue writs to the courts.
Writs are legal orders issued by the courts to enforce
or protect fundamental rights.
The most commonly used writs are:
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo Warranto
3. (b)
Key Concept:
Fundamental Rights
Explanation:
The Indian Constitution draws inspiration from
various sources, including the Constitution of the
United States, when it comes to fundamental rights.
The framers of the Indian Constitution recognized
the importance of protecting individual rights and
liberties, and they looked to the U.S. Constitution's
Bill of Rights as a model.
In India, fundamental rights are enshrined in Part III
of the Constitution, from Articles 12 to 35.
These rights are considered fundamental because
they are regarded as essential for the overall well-
being and dignity of individuals.
They ensure that citizens have certain basic
freedoms and protections, which are essential for the
functioning of a democratic society.
Some of the fundamental rights guaranteed in the
Indian Constitution include:
1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and educational rights
6. Right to constitutional remedies
4. (b)
Key Concept:
Fundamental Rights
Explanation:

The Constitution of India provides certain basic
rights and freedoms to its citizens, known as
Fundamental Rights.
These rights are considered essential for the
protection and well-being of individuals and are
enshrined in Part III of the Constitution.
At present, there are six Fundamental Rights
recognized in the Constitution of India.
They are as follows:
1. Right to Equality (Articles 14-18)
2. Right to Freedom (Articles 19-22)
3. Right against Exploitation (Articles 23-24)
4. Right to Freedom of Religion (Articles 25-28)
5. Cultural and Educational Rights (Articles 29-
30)
6. Right to Constitutional Remedies (Article 32)
These Fundamental Rights play a vital role in
upholding the principles of justice, equality, and
democracy in India.
It is important to note that the right to property,
which was initially included as a Fundamental
Right, was removed from the list of Fundamental
Rights by the 44th Amendment Act, 1978.
5. (c)
Key Concept:
Fundamental Rights
Explanation:
The right against exploitation is enshrined in Article
23 and 24 of the Indian Constitution.
Article 23 of the Indian Constitution prohibits
human trafficking and forced labor.
It states that "Traffic in human beings and beggars
and other similar forms of forced labor are
prohibited and any contravention of this provision
shall be an offense punishable in accordance with
law."
This article seeks to prevent the exploitation of
vulnerable individuals and protects their freedom
and autonomy.
Article 24 of the Indian Constitution prohibits the
employment of children in factories, mines, and
hazardous occupations.
It states that "No child below the age of fourteen
years shall be employed to work in any factory or
mine or engaged in any other hazardous
employment."
This article recognizes the vulnerability of children
and their need for protection.
It aims to prevent their exploitation by prohibiting
their engagement in dangerous and harmful work
environments.
It promotes their right to education, health, and
overall development.
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6. (d)
Key Concept:
Fundamental Rights
Explanation:
An individual can approach both the Supreme Court
of India and the respective High Court for the
resolution of disputes related to the violation of
Fundamental Rights.
The Supreme Court of India is the highest judicial
authority in the country.
It has the power of judicial review and is entrusted
with safeguarding the Fundamental Rights enshrined
in the Indian Constitution.
Individuals can directly approach the Supreme
Court by filing a writ petition under Article 32 of
the Indian Constitution.
Article 32 provides for the right to constitutional
remedies, allowing individuals to seek the
enforcement of their Fundamental Rights directly
from the Supreme Court.
The Supreme Court has the authority to interpret the
Constitution, strike down laws that violate
Fundamental Rights, and provide appropriate
remedies in case of their violation.
The High Court, on the other hand, is the highest
judicial authority at the state level.
Individuals can approach the respective High Court
by filing a writ petition under Article 226 of the
Indian Constitution.
Article 226 empowers High Courts to issue writs for
the enforcement of Fundamental Rights within their
territorial jurisdiction.
High Courts play a vital role in safeguarding
Fundamental Rights and have the power to interpret
the Constitution, strike down laws within their
jurisdiction, and provide remedies in case of
violations.
7. (c)
Key Concept:
Fundamental Rights
Explanation:
Article 19 of the Indian Constitution guarantees
certain fundamental rights and plays a crucial role in
safeguarding individual liberties and promoting
democratic values.
The rights included under Article 19 are:
1. Freedom of speech and expression.
2. Right to assemble peacefully and without arms
3. Right to form associations or unions
4. Right to move freely throughout the territory of
India

5. Right to reside and settle in any part of the
country
6. Right to practice any profession, occupation,
trade, or business
Initially, when the Indian Constitution was adopted,
there were seven rights listed under Article 19.
However, the right to own, acquire, and dispose of
property was removed by the 44th Amendment of
1978.
It was subsequently made a legal right under Article
300A, separate from the fundamental rights.
Article 19 is available only to the citizens of India.
The rights listed under Article 19 of the Indian
Constitution are primarily available against the state
(government) and its authorities.
These rights impose limitations on the state's power
to restrict certain fundamental freedoms.
However, Article 19 does not directly apply to
private individuals or entities.
Private individuals may be subject to other laws and
regulations that govern their conduct and
interactions with others.
8. (b)
Key Concept:
Fundamental Rights
Explanation:
Fundamental rights in the Indian Constitution are a
set of basic rights and freedoms guaranteed to all
individuals, including citizens and foreigners.
These rights are enshrined in Part III (Articles 12 to
35) of the Constitution and are considered essential
for the protection and well-being of individuals.
However, there are few fundamental rights that
are available exclusively to the citizens of India:
1. Article 15: This article prohibits discrimination
on grounds of religion, race etc.
2. Article 16: This article guarantees equality of
opportunity in matters of public employment.
3. Article 19: This article provides six freedoms:
freedom of speech and expression, assembly,
association, movement, residence, and the right
to practice any profession, occupation, trade, or
business.
4. Article 29: This article protects the interests of
minorities by guaranteeing their right to
conserve their distinct language, script, or
culture.
5. Article 30: This article grants the right to
minorities to establish and administer
educational institutions of their choice.
Note:
Article 24 and Article 25 are available to both
Indian citizens and foreign citizens
7
Article 24 prohibits the employment of children
below the age of 14 in any factory, mine, or
hazardous work.
Article 25 guarantees the freedom of
conscience and the right to profess, practice,
and propagate religion.
9. (a)
Key Concept:
Fundamental Rights
Explanation:
The Kesavananda Bharati case, formally known as
His Holiness Kesavananda Bharati Sripadagalvaru
and Ors. v. State of Kerala and Anr., was a
landmark judgment delivered by the Supreme Court
of India on April 24, 1973.
The Supreme Court, in a historic decision, upheld
the petitioners' argument and established the
doctrine of the basic structure.
The court held that while Parliament has the power
to amend the Constitution, including the
fundamental rights, it cannot do so in a manner that
destroys or abrogates the basic structure of the
Constitution.
According to the court's ruling, any constitutional
amendment that infringes upon the basic structure
will be deemed unconstitutional and void.
This decision effectively placed a limitation on the
amending power of Parliament, preventing it from
making amendments that fundamentally alter the
core principles and values of the Constitution.
Note:
The Golaknath case (1967) held that Parliament
does not have the power to amend fundamental
rights.
However, this decision was overruled by the
Kesavananda Bharati case.
10. (d)
Key Concept:
Fundamental Rights
Explanation:
The Commission referred to as the Mandal
Commission was the second Backward Classes
Commission appointed by the government of India
in 1979.
It was officially known as the "Second Backward
Classes Commission," but it is more commonly
recognized as the Mandal Commission after its
chairman, B.P. Mandal.
The establishment of the Mandal Commission was
rooted in the government's efforts to address the
issue of social and educational backwardness among
certain sections of Indian society.

Article 16 of the Indian Constitution guarantees
equality of opportunity in matters of public
employment.
However, it also permits the state to make
provisions for the reservation of posts in favor of
backward classes, which are not adequately
represented in the services under the state.
The mandate of the Mandal Commission was to
identify and determine the socially and
educationally backward classes within the Indian
population.
Based on its findings, the Mandal Commission
submitted its report in 1980, recommending the
reservation of a specific percentage of government
jobs for Other Backward Classes (OBCs) in India.
The Commission recommended a reservation quota
of 27% for OBCs in government jobs, which was
subsequently implemented by the government
through constitutional amendments.
11. (c)
Key Concept:
Fundamental Rights
Explanation:
The Parliament of India has the authority to enforce
reasonable limitations on the Fundamental Rights of
Indian citizens as mentioned in the Constitution.
Fundamental Rights are essential rights guaranteed
to all citizens of India that aim to protect their
individual liberties and ensure their dignity.
However, these rights are not absolute and are
subject to certain reasonable restrictions in the
interest of public order, morality, security, etc.
The Parliament, consisting of the Rajya Sabha
(Council of States) and the Lok Sabha (House of the
People), has the power to enact laws in India.
These laws may impose limitations on the exercise
of Fundamental Rights if they are deemed necessary
and reasonable.
When Parliament enacts a law, it must take into
consideration the provisions of the Constitution,
including the Fundamental Rights.
The law should be within the constitutional
framework and not directly violate the fundamental
rights.
However, it may impose certain restrictions that are
considered reasonable and necessary for the well-
being of society.
If a law passed by Parliament is found to be
infringing upon the Fundamental Rights, it can be
challenged in the Supreme Court of India.
The Supreme Court, being the highest judicial
authority, has the power of judicial review.
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12. (a)
Key Concept:
Fundamental Rights
Explanation:
Article 19 of the Constitution guarantees certain
fundamental rights related to freedom of speech and
expression, assembly, association, movement, and
residence.
It ensures that citizens have the liberty to express
their thoughts and opinions, assemble peacefully,
form associations and unions, move freely within
the country, and reside in any part of the nation.
Article 19 of the Constitution protects the right to
freedom of movement within the country.
It ensures that citizens have the liberty to move
freely within the territorial boundaries of the nation
without any undue restrictions or barriers imposed
by the government.
This includes the right to travel, reside, and settle in
any part of the country.
However, it is important to note that reasonable
restrictions can be imposed on this right in the
interest of public order, morality, security, or for
protecting the rights and freedoms of others.
Note:
Article 19 only protects the internal dimension of
freedom of movement.
The external dimension (which refers to the right to
move out of the country and the right to come back)
is dealt with by Article 21, which guarantees the
right to life and personal liberty.
13. (b)
Key Concept:
Fundamental Rights
Explanation:
1. The right to sleep:
It is not specifically mentioned as a fundamental
right under Article 19 of the Indian Constitution.
Article 19 primarily focuses on the freedom of
speech and expression, assembly, association,
movement, residence, and the right to practice any
profession, occupation, trade, or business.
Right to sleep is mentioned under Article 21.
2. Freedom of silence:
The freedom of silence, which implies the right to
remain silent, is considered a part of the freedom of
speech and expression guaranteed under Article
19(1)(a) of the Indian Constitution.
3. Right to wear and carry kirpans by Sikhs:
The right to wear and carry kirpans by Sikhs is not
explicitly mentioned under Article 26 of the Indian
Constitution.

Article 26 primarily deals with the right to manage
religious affairs, establish religious institutions, and
maintain them.
The right to wear and carry kirpans by Sikhs is
actually protected under Article 25, which
guarantees the freedom of conscience and the right
to freely profess, practice, and propagate religion.
4. Right to livelihood:
The right to livelihood is recognized as a part of the
right to life and personal liberty guaranteed under
Article 21 of the Indian Constitution.
The Supreme Court of India has interpreted Article
21 to include the right to livelihood as a
fundamental right.
14. (b)
Key Concept:
Fundamental Rights
Explanation:
Article 33 is a provision within the Indian
Constitution that specifically addresses the
fundamental rights of members serving in the armed
forces.
While fundamental rights are guaranteed to all
citizens of India, Article 33 grants the Parliament
the authority to impose certain limitations or even
suspend these rights in the case of armed forces
personnel.
The primary objective of Article 33 is to ensure the
proper functioning, discipline, and effectiveness of
the armed forces.
It recognizes that certain restrictions on fundamental
rights may be necessary to uphold the integrity and
efficiency of the armed forces, which are crucial for
the defense and security of the nation.
Such provisions may include restrictions on the
exercise of freedom of speech, assembly, and
association within the armed forces.
15. (a)
Key Concept:
Fundamental Rights
Explanation:
Article 13 of the Indian Constitution is a significant
provision that deals with the doctrine of judicial
review.
It establishes the principle that any law enacted by
the Parliament or the State Legislature, which is
inconsistent with or in violation of the fundamental
rights guaranteed under Part III of the Constitution,
shall be declared void to the extent of the
inconsistency.
The significance of Article 13 lies in its role in
upholding the supremacy of the Constitution.
9
The Supreme Court of India and the High Courts act
as the guardian of the Constitution
They have the authority and responsibility to
interpret and enforce the provisions of Article 13.
Through the doctrine of judicial review, the
judiciary acts as a check on the powers of the
legislature and the executive, ensuring that they do
not exceed their constitutional limits and infringe
upon the fundamental rights of the people.
16. (d)
Key Concept:
Fundamental Rights
Explanation:
Article 21 of the Indian Constitution is a
fundamental right that guarantees the protection of
the right to life and personal liberty.
The Gopalan case, which took place in 1950,
involved the interpretation of Article 21 of the
Indian Constitution, which states, "No person shall
be deprived of his life or personal liberty except
according to the procedure established by law." In
this case, the Supreme Court held a narrow
interpretation of Article 21, stating that it only
protected against arbitrary executive action and did
not extend to legislative action.
However, the Menaka case in 1978, also known as
the Maneka Gandhi v. Union of India case
significantly expanded the interpretation of Article
21.
The Supreme Court, in this case, ruled that the right
to life and personal liberty under Article 21 is not
limited to arbitrary executive action but includes
arbitrary legislative actions also
This landmark judgment introduced a wider and
more comprehensive interpretation of Article 21,
recognizing it as a fundamental right with
substantive and procedural aspects.
In its judgment, the Supreme Court recognized that
the right to life and personal liberty is not limited to
mere existence but encompasses a broader meaning,
including the right to live with dignity, freedom, and
privacy.
17. (d)
Key Concept:
Fundamental Rights
Explanation:
Article 21A recognizes the right to education as a
fundamental right.
It was inserted by the 86th Constitutional
Amendment Act in 2002.

The article places the responsibility on the state to
provide free and compulsory education to children
between the ages of six and fourteen years.
Before the introduction of Article 21A in the Indian
Constitution, the right to education was not
explicitly recognized as a fundamental right.
However, the principles for providing free and
compulsory education were included in the
Directive Principles of State Policy (DPSP),
specifically in Article 45 which are outlined in Part
IV of the Indian Constitution.
Atal Bihari Vajpayee was the Prime minister of
India when the right to education was introduced.
18. (b)
Key Concept:
Fundamental Rights
Explanation:
Article 22 of the Indian Constitution pertains to the
protection against arrest and detention in certain
cases.
Article 22 of the Indian Constitution provides
essential safeguards and protections to individuals
who are arrested or detained.
It establishes fundamental rights that aim to prevent
arbitrary arrest and ensure due process.
Article 22 guarantees that a person detained under a
preventive detention law must be given the
opportunity to have their case reviewed by an
advisory board.
The board consists of persons who are qualified to
be appointed as High Court judges, and they must
review the case within a reasonable time.
It also states that no person can be detained for more
than three months unless an advisory board has
reviewed and approved the detention.
However, the 44th Amendment Act of 1978 reduced
this period to two months.
But despite the amendment, this provision has not
been implemented or brought into force.
As a result, the original period of three months for
detention without obtaining the opinion of an
advisory board is still in effect.
The Parliament possesses exclusive authority to
enact laws regarding preventive detention for
reasons connected with defense, foreign affairs, and
the security of India.
This means that only the Parliament can make laws
concerning preventive detention in these specific
areas.
On the other hand, both the Parliament and the state
legislatures have the power to concurrently make
laws related to preventive detention for reasons
connected with the security of a state, the
10
maintenance of public order, and the maintenance of
supplies and services essential to the community.
19. (c)
Key Concept:
Fundamental Rights
Explanation:
Article 15 of the Indian Constitution prohibits
discrimination on the grounds of religion, race,
caste, sex, or place of birth.
It is a fundamental right that guarantees equality and
prevents discrimination by the state or any
individual or entity within the territory of India.
Article 15(5) provides for the reservation of seats or
quotas for admission to educational institutions,
including private educational institutions, for
backward classes of citizens, which can also include
SCs and STs.
This provision was added by the 93rd Amendment
Act of 2005.
Additional Information:
Other provisions under Article 15:
1. Article 15(3) allows the government to make
special provisions for women and children.
2. Article 15(4) enables the State to make special
provisions for the advancement of socially and
educationally backward classes of citizens,
including Scheduled Castes (SCs) and
Scheduled Tribes (STs)
20. (b)
Key Concept:
Fundamental Rights
Explanation: Article 32 of the Indian Constitution
grants the right to constitutional remedies to
individuals for the enforcement of their fundamental
rights.
It is considered one of the most important provisions
in the Constitution, as it provides citizens with the
right to approach the Supreme Court of India
directly for the protection of their fundamental
rights.
Article 32 empowers the Supreme Court to issue
writs, which are judicial orders, for the enforcement
of fundamental rights.
There are five writs:
1. Habeas Corpus:
Habeas Corpus means "produce the body".
This writ is issued to safeguard individual liberty
and protect against illegal detention or
imprisonment.
If there are suspicions that the detention is unlawful
or violates the person's fundamental rights, a writ of
habeas corpus can be filed.

The court will then inquire into the legality of the
detention and ensure that the person is produced
before the court.
2. Mandamus:
Mandamus means "we command".
This writ is issued by a higher court to a lower
court, government authority, or public official,
commanding them to perform a specific legal duty
that they have failed or refused to do.
The purpose of the mandamus writ is to compel the
concerned authority to fulfill its legal obligations.
3. Prohibition:
Prohibition means "to forbid"
This writ is issued by a higher court to a lower court
or tribunal to prevent it from exceeding its
jurisdiction or acting beyond its lawful authority.
It is primarily used when the lower court is
adjudicating a matter outside its legal competence.
4. Certiorari:
Certiorari means "to be informed" or "to be
certified".
This writ is issued by a higher court to a lower court
or tribunal to review its order or decision.
It is used when there are allegations of errors of law
or jurisdictional issues in the lower court's ruling.
The purpose of the writ of certiorari is to bring the
record of the case before the higher court for
examination.
If the higher court finds that the lower court has
acted beyond its jurisdiction or committed legal
errors, it can quash the lower court's decision.
5. Quo Warranto:
Quo Warranto means "by what authority".
This writ is issued to inquire into the legality of a
person holding a public office, a franchise, or a
position of authority.
It is used to challenge the appointment or election of
a person to a public office if there are doubts
regarding their eligibility, qualifications, or the
authority by which they hold the position.
21. (b)
Key Concept:
Writs
Explanation:
Article 32 of the Constitution of India grants the
Supreme Court of India the power to issue writs.
A writ is a formal written order issued by a court
instructing a person or entity to take a specific
action or refrain from doing something.
In the context of Indian Constitution, writs are
primarily used to protect and enforce fundamental
rights guaranteed to citizens under Part III of the
Constitution.
11
The fundamental rights are considered essential for
the protection and well-being of individuals in a
democratic society.
Article 32 provides a mechanism for individuals to
directly approach the Supreme Court in case of a
violation of their fundamental rights.
It states that the Supreme Court has the power to
issue writs for the enforcement of these rights.
The writs that can be issued under Article 32 are:
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo Warranto
22. (a)
Key Concept:
Writs
Explanation:
The inclusion of writs in the Indian Constitution is
based on the British legal tradition.
Writs are formal written orders issued by a court
that command an individual or an authority to
perform a specific action or refrain from doing
something.
They are an important mechanism for the protection
of individual rights and ensuring the rule of law.
The writs that can be issued are:
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo Warranto
Under the Indian Constitution, writs are
fundamental rights guaranteed to individuals and are
enforceable against the State as well as private
entities.
The writ jurisdiction of the High Courts and the
Supreme Court is provided under Article 226 and
Article 32, respectively.
Individuals in India can approach the High Courts
and the Supreme Court seeking writs to protect their
fundamental rights or challenge the actions of the
government or any other authority.
23. (d)
Key Concept:
Writs
Explanation:
In India, the authority to issue writs for the
protection of fundamental rights of an individual is
vested in the Supreme Court of India and the High
Courts.

Writs are legal orders issued by the court to
individuals, government authorities, or lower courts
to ensure the protection of fundamental rights.
The Supreme Court is the highest judicial body in
the country.
It acts as the guardian of fundamental rights and has
the power to issue writs under Article 32 of the
Constitution.
The Supreme Court can issue five types of writs:
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo Warranto
Each state in India has a High Court, which serves
as the highest judicial authority within the respective
state.
High Courts have the power to issue writs under
Article 226 of the Constitution.
The High Courts can issue writs to protect
fundamental rights and enforce legal remedies
within their territorial jurisdiction.
24. (c)
Key Concept:
Writs
Explanation:
Article 226 of the Indian Constitution grants the
High Courts of India the power to issue writs.
Writs are powerful judicial orders issued by courts
to safeguard fundamental rights, enforce legal
obligations, and provide remedies in case of
infringement or violation of rights.
The High Court can issue all the five writs i.e.,
habeas corpus, mandamus, prohibition, quo
warranto and certiorari.
The power to issue writs under Article 226 is vested
with each High Court within the territories over
which it has jurisdiction.
It applies to both fundamental rights and other legal
rights.
High Courts can issue these writs against any person
or authority, including the government, within their
jurisdiction.
Note:
The power to issue writs under Article 226 is
discretionary, meaning that the High Courts have
the authority to decide whether to exercise this
power in a given case.
25. (a)
Key Concept:
Writs
Explanation:
12
The literal meaning of the term "certiorari" is "to be
informed" or "to be certified."
In legal contexts, the writ of certiorari is a legal
order issued by a higher court to a lower court or
tribunal.
Its purpose is to review the proceedings of the lower
court and determine if there have been any errors of
law, excess of jurisdiction, or lack of jurisdiction.
When the higher court issues a writ of certiorari, it
has the power to transfer a case pending with the
lower court to itself for review.
Alternatively, it can also squash or set aside the
order issued by the lower court in a particular case.
In this way, certiorari serves as a mechanism for
correcting errors and ensuring that justice is upheld.
It is important to note that certiorari is not available
against legislative bodies or private individuals or
bodies.
It is primarily directed towards judicial and quasi-
judicial authorities, such as courts, tribunals, or
administrative bodies exercising quasi-judicial
functions.
However, in a landmark ruling in 1991, the Supreme
Court expanded the scope of certiorari by ruling that
it can also be issued against administrative
authorities that affect the rights of individuals.
26. (b)
Key Concept:
Writs
Explanation:
The Writ of Mandamus is a legal remedy issued by
the Supreme Court or a High Court to a public
authority, commanding it to perform its legal duties
or refrain from acting in an illegal or arbitrary
manner.
The word "mandamus" is derived from Latin,
meaning "we command."
This writ is issued when there is a clear violation of
a legal duty or a failure to perform an official duty
by a public authority.
The writ is typically sought to enforce a statutory
duty or to correct an abuse of power or neglect of
duty by a public authority.
The Writ of Mandamus can be used to compel
public officials, government agencies, or any
authority performing a public function to carry out
specific actions that they are legally obligated to
perform.
Note:
The Writ of Mandamus cannot be issued against
individuals or private entities.

The president of India, state governors, and the chief
justice of a high court acting in a judicial capacity
are immune to mandamus petitions.
27. (b)
Key Concept:
Writs
Explanation:
The Writ of Prohibition is a legal remedy that can be
exclusively issued against judicial and quasi-judicial
bodies.
It is a form of order or command issued by a higher
court, typically a superior court, to a lower court or
a quasi-judicial body.
It cannot be issued against administrative
authorities.
The purpose of this writ is to prevent the lower court
or quasi-judicial body from exceeding its
jurisdiction, acting beyond its legal authority, or
making decisions that are contrary to law.
This writ acts as a check and balance mechanism to
maintain the rule of law and ensure that the lower
courts or quasi-judicial bodies operate within their
designated limits.
Once the Writ of Prohibition is issued, it serves as a
directive to the lower court or quasi-judicial body,
commanding it to cease the proceedings or actions
that are being challenged.
It effectively halts any further action until the matter
is resolved by the higher court.
28. (b)
Key Concept:
Writs
Explanation:
The exercise of writ jurisdiction is discretionary for
the High Court under Article 226, but it is not
discretionary for the Supreme Court under Article
32.
Individuals have a constitutional right to directly
approach the Supreme Court to enforce their
fundamental rights.
The Supreme Court cannot refuse to exercise its writ
jurisdiction under Article 32.
The Supreme Court is obligated to protect and
guarantee fundamental rights.
However, the High Courts have the discretion to
decide whether to entertain and exercise their writ
jurisdiction.
The High Court may refuse to exercise its writ
jurisdiction if it deems it appropriate in a given
situation.
13
29. (c)
Key Concept:
Writs
Explanation:
Before the year 1950, the power to issue writs was
vested in only three High Courts in India.
These High Courts were the High Court of Calcutta,
the High Court of Bombay, and the High Court of
Madras.
Writs are powerful legal remedies that can be issued
by the Supreme Court and High Courts to protect
fundamental rights and enforce the rule of law.
The power to issue writs is vested in the Supreme
Court under Article 32 of the Indian Constitution
and in the High Courts under Article 226.
While the Supreme Court can issue writs for the
enforcement of fundamental rights guaranteed by
the Constitution, the High Courts can issue writs for
the enforcement of both fundamental rights and any
other legal rights.
The Supreme Court and the High court can issue
five types of writs:
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo Warranto
30. (c)
Key Concept:
Writs
Explanation:
Writs are formal written orders issued by a court
that command an individual or an authority to
perform a specific action or refrain from doing
something.
The writ jurisdiction of the High Courts and the
Supreme Court is provided under Article 226 and
Article 32, respectively.
1. Habeas Corpus:
Habeas Corpus is a legal term originating from
Latin, which translates to 'to have the body of.'
It refers to an official order issued by a court to a
person who has unlawfully detained another
individual, demanding the production of the
detained person before the court.
The court then assesses the reasons and legality
behind the detention.
If the detention is determined to be illegal, the
detained person is set free.
The writ of habeas corpus can be utilized against
both public authorities and private individuals.
2. Mandamus:
 14

The Writ of Mandamus is a legal remedy issued by The issuance of this writ is limited to cases
the Supreme Court or a High Court to a public involving substantive public offices of a permanent
authority, commanding it to perform its legal duties nature, established either by a statute or the
The Writ of Mandamus can be used to compel Constitution.
public officials, government agencies, or any It cannot be used for ministerial or private offices.
authority performing a public function
The Writ of Mandamus cannot be issued against
individuals or private entities.
The president of India, state governors, and the chief
justice of a high court acting in a judicial capacity
are immune to mandamus petitions.
It can be issued against the Prime Minister of India
3. Prohibition:
The Writ of Prohibition is a form of order or
command issued by a higher court, typically a
superior court, to a lower court or a quasi-judicial
body.
The purpose of this writ is to prevent the lower court
or quasi-judicial body from exceeding its
jurisdiction, acting beyond its legal authority, or
making decisions that are contrary to law.
It is only preventive in nature unlike the writ of
Certiorari which is both preventive as well as
curative in nature
4. Quo-Warranto:
Quo-Warranto is a legal process initiated by the
court to examine the legitimacy of a person's claim
to a public office, thereby preventing the unlawful
seizure of such an office.

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