Daily Quiz: UPSC Prelims Marathon – December 13

Supreme Court and High Courts both can issue some writs provided by the Constitution, such as-Habeas Corpus, Mandamus, Prohibition, Certiorari, or quo warranto. However, it is noticeable that a person can avail of the right under Article-32 as of a right because it is a fundamental right whereas Article-226 do not confer any duty upon the High Courts to issue a writ. It is simply dependent upon discretionary power of High Courts. This means supreme court cannot refuse to issue writs. All other statements are correct.

High Courts have powers to issue writs under Article-226. To enforce Fundamental Rights or any other right. It is the duty of the Supreme Court to issue an appropriate writ to enforce any of the Fundamental Rights under Article 32. It can be compared that the High Courts can issue writs even to enforce any other legal rights also, whereas the Supreme Court can enforce only Fundamental rights. This means writ jurisdiction of high court is wider than Supreme Court.

Option (b) is incorrect. The Constitution seeks to ensure the independence of Supreme Court Judges in various ways. A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehavior or incapacity. A person who has been a Judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India.

Option (c) is incorrect. The constitution has guaranteed to the supreme court, jurisdiction of various kinds. The parliament is not authorized to curtail the jurisdiction and powers of the supreme court. However parliament can extend the same.

Statements 1, 3 and 4 are the incorrect statements.

Statement 1 is incorrect. Prohibition means “to forbid” or “to stop” and popularly known as ‘Stay Order’. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi judicial body. This writ can be issued only against judicial and quasi-judicial body authorities and not against administrative authorities.

Statement 3 is incorrect. Though legislature has the power to make laws, this power is not absolute. Judicial Review is the process by which the Judiciary reviews the validity of laws passed by the legislature.

Judicial review is the power of Judiciary to review any act or order of Legislative and Executive wings and to pronounce upon the constitutional validity when challenged by the affected person. In other words the power exerted by the courts to examine the action of the legislative, executive and administrative arms of government and to ensure that such actions are in conformity with written provisions of the national constitution is termed as the power of judicial review.

Statement 4 is incorrect. Certiorari means “to be certified” or “to be informed”. It is issued by the higher court to the lower court either to transferring the records of proceedings of a case pending with it, for the purpose of determining the legality of its proceedings or for giving fuller and a more satisfactory effect to them then could be done in the lower court. This writ can be issued against a judicial or quasi-judicial body and administrative authorities.

Statement 2 is correct. A court of record is a court whose acts and proceedings are enrolled for perpetual memory and testimony. These records are used with a high authority and their truth cannot be questioned. In Indian constitution article 129 make the Supreme Court the ‘court of record”. Article 129 says: Supreme Court to be a court of record.-The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

Article 215 empowers the High Courts of the states to be courts of record.

Statement 1 is correct. Fundamental Rights available to only citizens and not foreigners are,

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).

Equality of opportunity in matters of public employment (Article 16).

Six basic freedoms subject to reasonable restrictions (Article 19).

Protection of language, script and culture of minorities (Article 29).

Right of minorities to establish and administer educational institutions (Article 30).

Statement 2 is incorrect. The Fundamental Rights under Article 19 are automatically suspended and this suspension continues till the end of the emergency. But according to the 44th Amendment Article 19 can be suspended only in case of proclamation on the ground of war or external aggression(External Emergency) and not on ground of armed rebellion(Internal Emergency).

Statement 3 is incorrect. President can suspend the right to move any court for the enforcement for the fundamental rights during national emergency.

The concept of ‘Calling Attention’ is of Indian origin.  It is an innovation in the modern parliamentary procedure and combines the asking of a question for answer with supplementaries and short comments in which different points of view are expressed concisely and precisely, and the Government has adequate opportunity to state its case.  It gives members an opportunity to bring to the surface the failure or inadequate action of Government on a matter of urgent public importance.  This procedural device is analogous to an adjournment motion without its censure aspect.

A Starred Question is one to which a member desires an oral answer in the House and which is distinguished by an asterisk mark. When a question is answered orally, supplementary questions can be asked thereon. Only 20 questions can be listed for oral answer on a day.

The office of whip is not mentioned in constitution of India or in rules of the house nor in a parliamentary statute. It is based on the conventions of the parliamentary government.

The president is an integral part of the parliament. This is because a bill passed by both houses of parliament cannot become law without the president’s assent.

If both Speaker and Deputy Speaker is absent, then house is presided by Any of the member of panel of chairpersons in lok sabha. The speaker nominates from amongst the members a panel of not more than 10 chairpersons.

It should be noted here that, If the office of both Speaker and Deputy Speaker is vacant, then the President appoints any member of Lok Sabha as speaker.