UPSC General Studies Sample Paper General Studies Sample Paper-7

  • question_answer
    Which of the following statements regarding the power of the courts to issue writs for the enforcement of Fundamental Rights are incorrect?
    1. Power of High Courts to issue writs is broader than the power of Supreme Court. -
    2. The Writ of Certiorari are available not only against judicial bodies, but also administrative bodies.
    3. Courts other than Supreme Court and High Court can also be empowered to issue writs for the enforcement of Fundamental Rights.
    4. Normally, to enforce the Fundamental Rights, citizens have to first go to the High Court available to them.
    Select the correct answer using the codes given below.

    A)  1 and 3

    B)  1, 3 and 4

    C)  2 and 4           

    D)  3 and 4

    Correct Answer: D

    Solution :

    [d] Statement 1 is correct, while the Supreme Court has powers to issue writs for the enforcement of only Fundamental Rights of Part III, the High Courts can issue writs for both Fundamental Rights and Constitutional Rights outside Part III. Statement 2 is also correct, Certiorari is issued to a body, which has acted in excess of jurisdiction or acted without jurisdiction.

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