Answer» Correct Answer - Option 3 : 1 and 3 only
The correct answer is 1 and 3 only. - Article 32. Remedies for enforcement of rights conferred by Part III
- The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part-III is guaranteed.
- The Supreme Court shall have the power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. Hence statement 1 is correct.
- Without prejudice to the powers conferred on the Supreme Court by clause (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2)
- The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. (Article 359) Hence statement 2 is not correct.
- Habeas Corpus
- A Latin term which literally means ‘to have the body of’.
- It is an order which is issued by the court to a person who has detained another person to produces the body of the latter before it.
- The court then examines the cause and the legality of the detention.
- It is the only writ that can be issued both against public authorities as well as private individuals. Hence statement 3 is correct.
- Mandamus
- It literally means ‘we command’.
- It is issued by the court to the public official asking him to perform the official duties that he has failed or refused to perform.
- Prohibition
- It means ‘to forbid’
- It is issued by the higher court to the lower court or the tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
- Certiorari
- It means ‘to be certified’ or sometimes ‘to be informed’.
- It is issued by a higher court to the lower court or the tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter is the case.
- Quo-Warranto
- It means ‘by what authority or warrants’.
- It is issued by the court to inquire into the legality of the claim of the person to the public office.
- It prevents an illegal usurpation of the public office by the person.
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