IAS Exam: Prelims Polity Questions: Fundamental Rights Set III

Indian Polity is easy to understand but it is harder to attempt the questions correctly in the Civil Services because the questions asked are very ambiguous. To the rescue of the IAS aspirants, here we present the set of very useful questions for the practice of the IAS Prelims Exam:

1.The writ habeas corpus can be issued in which of the following cases?

1. When right to equality of a person is deprived
2. When procedure established by law is contravened
3. Release of person imprisoned for criminal charge

Select the correct statements from the following codes

A.Only 2
B.Only 1 and 2
C. 1,2 and 3
D.None

Answer: a

Explanation: The writ Habeas corpus can be filed When right to life and personal liberty of person is deprived, When procedure established by law is contravened, law which authorises imprisonment is invalid or un constitutional, when the arrest is without any authority of law.

2.Consider the following statements

1. Writ of Habeas Corpus is very powerful safeguard against executive only.
2. Writ of Habeas Corpus is nature of calling concerned authority to produce the imprisoned before the executive.

Select the correct statements from the following codes

A.Only 1
B.Only 2
C.Both 1 and 2
D.Neither 1 nor 2

Answer: d

Explanation: Writ of Habeas Corpus is very powerful safeguard against executive and individual. Writ of Habeas Corpus is nature of calling concerned authority to produce the imprisoned before the court and not executive.

3.Writ of Habeas Corpus cannot be issued in which of the following cases

1. To release a person imprisoned on a criminal charge
2. Against  foreigner living in Indian soil
3. If the Imprisonment is  in lieu of contempt of court of record

Select the correct statements from the following codes

A.Only 2
B.Only 1 and 3
C. 1,2 and 3
D.None

Answer: b

Explanation: Writ of Habeas Corpus cannot be issued in following cases person detained is not within the jurisdiction of court, To release a person imprisoned on a criminal charge, to interfere with a proceeding for contempt by a court of record or by parliament.

4.The writ mandamus is available against which of the following

1. Government
2. Inferior courts
3. Administrative tribunals
4. Person incharge of public duty

Select the correct statements from the following codes

A.Only 4
B.Only 2 and 4
C.Only  1, 3 and 4
D.1,2,3 and 4

Answer: d

Explanation: It is available against Government, Inferior courts, Administrative tribunals, Person in charge of public duty and officers

5.Consider the following statements regarding Writ of mandamus

1. It  is possible only when there is no alternative remedy
2. It can be issued only for enforcement of fundamental rights
3. It commands the person or body to whom it is addressed to perform some public or quasi-public legal duty.

Select the correct statements from the following codes

A.Only 1 and 3
B.Only 2 and 3
C.Only  1 and 2
D.1,2 and 3

Answer: a

Explanation: Mandamus may be used to direct a public officer to exercise the power conferred on him in case he refuses to do it and also for enforcement of fundamental rights, to direct public official or government not to enforce a law which is unconstitutional, to compel court or judicial tribunal to exercise it a jurisdiction when it has refused to exercise it.

6.Mandamus cannot be issued on

1. President
2. Governor of state
3. Prime minister
4. Chief minister
5. Private individual

Select the correct statements from the following codes

A.Only 1 and 5
B.Only 1,2 and 5
C.Only 3,4 and 5
D.1,2,3, and 4

Answer: b

Explanation: Mandamus will not be granted on president, Governor of state, private individual who is not incorporated with state.

7.Which of the following about writ of prohibition is true?

1. It forbids inferior courts to continue proceedings in excess of its jurisdiction.
2. It commands inactivity.
3. It is can be issued against administrative, judicial, and quasi judicial authorities.

Select the correct statements from the following codes

A.Only 1 and 3
B.Only 2 and 3
C.Only  1 and 2
D.1,2 and 3

Answer: c

Explanation: Mandamus can be issued against administrative, judicial, and quasi judicial authorities but prohibition and certiorari are issued only against judicial or quasi judicial authorities. Prohibition is not available against judicial officer who is not vested with judicial functions. Mandamus commands activity.

8.Consider the following statements

1. Supreme Court can issue writ where fundamental right is affected by any reason.
2. Prohibition can be issued even when tribunal assumes jurisdiction under a law which contravenes fundamental right.

Select the correct statements from the following codes

A.Only 1
B.Only 2
C.Both 1 and 2
D.Neither 1 nor 2

Answer: b

Explanation: Supreme Court can issue writ where fundamental right is affected by reason of the jurisdictional defect in the proceedings. In India, a writ of prohibition may be issued not only in cases of absence or excess of jurisdiction but also in cases where the court or tribunal assumes jurisdiction under a law which contravenes fundamental right.

9. Which of the following are commonality between certiorari and prohibition?

1. Both are issued against courts or tribunals exercising judicial or quasi judicial powers
2. Both are issued to quash the order or decision of the tribunal
3. Both can be issued after the order is made

Select the correct statements from the following codes

A.Only 1
B.Only 2 and 3
C.Only  1 and 2
D.Only 1 and 3

Answer: a

Explanation: Certiorari is issued to quash the order or decision of the tribunal while prohibition is issued to prohibit the tribunal from making the ultra vires order or decision. Prohibition is available during the pendency of the proceedings and before the order is made, certiorari can be issued only after the order has been made. The object of the both is to secure that the jurisdiction of inferior court or tribunal is properly exercised and that it does not usurp the jurisdiction which it does not possess.

10.Certiorari can be issued under which of the following conditions?

1. Certiorari can be issued against administrative decision.
2. Contravention of the rules of natural justice.
3. When decisions has been obtained by fraud, collusion and corruption.

Select the correct statements from the following codes

A.Only 3
B.Only 2 and 3
C.Only  1 and 2
D.1,2 and 3

Answer: d

Explanation: Supreme Court early took the view that certiorari cannot be issued against purely administrative decisions. Later supreme court viewed that court may quash the so-called administrative decision. Where there has been failure of justice either because its decision has been obtained by fraud, collusion or corruption.