Right to Constitutional Remedies Practice Questions
33 free Right to Constitutional Remedies practice questions for the Indian Polity. Tap an option to answer — you get instant feedback, the correct answer, and a detailed explanation for every question.
Which writ literally means 'we command' and is issued to a public official who has failed to perform his duty?
- A Habeas Corpus
- B Mandamus
- C Quo-Warranto
- D Certiorari
Correct answer: Mandamus
Mandamus is a command issued by a court to a public official, public body, corporation, or lower court. It directs them to perform a legal duty that they have refused or failed to perform.
The Supreme Court’s power to issue writs under Article 32 is a part of which of the following?
- A Discretionary power of the President
- B Basic Structure of the Constitution
- C Emergency powers
- D Advisory jurisdiction
Correct answer: Basic Structure of the Constitution
The Right to Constitutional Remedies under Article 32 has been declared a 'Basic Structure' of the Constitution. Therefore, it cannot be taken away or abridged even by a Constitutional Amendment.
Which of the following writs can be issued against private individuals as well as public authorities?
- A Habeas Corpus
- B Mandamus
- C Prohibition
- D Certiorari
Correct answer: Habeas Corpus
Habeas Corpus is the only writ that can be issued against both public authorities and private individuals. It is used to secure the release of a person who has been illegally detained.
The writ of 'Prohibition' is issued by a higher court to a lower court for which purpose?
- A To compel them to take up a case
- B To quash an order already passed
- C To enquire into the legality of a claim to public office
- D To prevent them from exceeding their jurisdiction
Correct answer: To prevent them from exceeding their jurisdiction
Prohibition is a preventive writ issued to prevent a lower court or tribunal from exceeding its jurisdiction or usurping a jurisdiction it does not possess. It is issued while the proceedings are pending.
Which writ is issued to quash the order of a lower court or tribunal on the grounds of excess of jurisdiction or error of law?
- A Mandamus
- B Prohibition
- C Quo-Warranto
- D Certiorari
Correct answer: Certiorari
Certiorari is both curative and preventive. It is issued to a lower court to transfer a case to the higher court or to quash an order based on lack of jurisdiction or error of law.
The writ of 'Quo-Warranto' can be sought by which of the following?
- A Any interested person
- B The aggrieved person
- C The Attorney General of India
- D The President of India
Correct answer: Any interested person
Unlike other writs, Quo-Warranto can be sought by any interested person. It is used to prevent the illegal usurpation of a public office by a person.
Under which Article can High Courts in India issue writs for the enforcement of Fundamental Rights?
- A Article 32
- B Article 131
- C Article 226
- D Article 143
Correct answer: Article 226
Article 226 empowers High Courts to issue writs for the enforcement of Fundamental Rights and for 'any other purpose'. This makes the writ jurisdiction of High Courts broader than that of the Supreme Court.
In which case did the Supreme Court rule that the power of judicial review under Articles 32 and 226 is part of the basic structure?
- A Kesavananda Bharati case
- B Minerva Mills case
- C L. Chandra Kumar case
- D Golaknath case
Correct answer: L. Chandra Kumar case
In the L. Chandra Kumar case (1997), the Supreme Court held that the writ jurisdiction of both the Supreme Court and the High Courts is a part of the Basic Structure. This means the power cannot be excluded by legislation.
The writ of Mandamus cannot be issued against which of the following?
- A A Governor of a State
- B An Income Tax officer
- C A Municipal Corporation
- D An Inferior Court
Correct answer: A Governor of a State
Mandamus cannot be issued against the President of India or the Governors of States. It is also not available against private individuals or to enforce departmental instructions that lack statutory force.
Under Article 32, a person can move the Supreme Court for the enforcement of which rights?
- A Directive Principles of State Policy
- B Fundamental Duties
- C Fundamental Rights
- D All Constitutional Rights
Correct answer: Fundamental Rights
Article 32 is specifically for the enforcement of Fundamental Rights (Part III) only. For other legal or constitutional rights, a person must approach the High Court under Article 226.
Which Article allows Parliament to empower any other court to exercise the writ jurisdiction of the Supreme Court?
- A Article 32(1)
- B Article 32(2)
- C Article 32(4)
- D Article 32(3)
Correct answer: Article 32(3)
Article 32(3) states that 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.
The writ of Certiorari is NOT available against which of the following after the 1991 Supreme Court ruling?
- A Judicial bodies
- B Quasi-judicial bodies
- C Administrative authorities affecting rights
- D Legislative bodies
Correct answer: Legislative bodies
Certiorari is issued against judicial, quasi-judicial, and administrative authorities (as per the 1991 ruling). However, it is still not available against legislative bodies and private individuals.
Can the right to move the Supreme Court under Article 32 be suspended?
- A Yes, during a National Emergency
- B No, it cannot be suspended
- C Yes, by a 2/3rd majority in Parliament
- D Only during a Financial Emergency
Correct answer: Yes, during a National Emergency
Article 32(4) states that the right shall not be suspended except as provided by the Constitution. Under Article 359, the President can suspend the right to move any court for enforcement of FRs during a National Emergency.
Which of the following is a requirement for issuing a writ of Quo-Warranto?
- A The office must be created by a statute or the Constitution
- B The office must be private in nature
- C The person must have already been in office for at least 5 years
- D There must be a violation of the Right to Equality
Correct answer: The office must be created by a statute or the Constitution
Quo-Warranto can only be issued if the office is a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued for ministerial or private offices.
The principle of 'Locus Standi' is relaxed in the case of which writ?
- A Mandamus
- B Quo-Warranto
- C Certiorari
- D Prohibition Writ
Correct answer: Quo-Warranto
Locus Standi (the right to bring an action) is traditionally required for most writs, meaning only the aggrieved can apply. However, Quo-Warranto and Public Interest Litigation (PIL) allow any interested person to approach the court.
When is the writ of Prohibition issued compared to Certiorari?
- A Prohibition is issued after the verdict, Certiorari before
- B Prohibition is issued during the trial, Certiorari after the order
- C Prohibition is for private bodies, Certiorari for public
- D Certiorari is issued during the trial, Prohibition after the order
Correct answer: Prohibition is issued during the trial, Certiorari after the order
Prohibition is 'preventive' and is issued while the case is still pending to stop the court. Certiorari is 'curative' and is issued after an order has been passed to quash it.
The Supreme Court cannot refuse to entertain a writ petition under Article 32 because:
- A It is a fundamental right in itself
- B The petitioner must exhaust other remedies first
- C Article 32 is a Directive Principle
- D The High Court has no power over writs
Correct answer: It is a fundamental right in itself
Since Article 32 is itself a Fundamental Right, the Supreme Court is the protector and guarantor of these rights. Unlike Article 226 which is discretionary, the Supreme Court is duty-bound to provide relief under Article 32.
Which Article of the Constitution provides the Right to Constitutional Remedies?
- A Article 19
- B Article 21
- C Article 32
- D Article 226
Correct answer: Article 32
Article 32 provides the Right to Constitutional Remedies. It allows individuals to approach the Supreme Court directly. It ensures enforcement of Fundamental Rights.
Who described Article 32 as the 'Heart and Soul of the Constitution'?
- A Jawaharlal Nehru
- B Rajendra Prasad
- C Sardar Patel
- D B.R. Ambedkar
Correct answer: B.R. Ambedkar
Dr. B.R. Ambedkar described Article 32 as the heart and soul. It guarantees the protection of Fundamental Rights. It ensures access to justice.
The Right to Constitutional Remedies allows citizens to:
- A Vote freely in all elections held nationwide.
- B Form associations and other unions freely.
- C Own and freely acquire property.
- D Move courts for enforcement of rights.
Correct answer: Move courts for enforcement of rights.
This right allows individuals to approach courts. It ensures enforcement of Fundamental Rights. It is a key safeguard.
Which court has the power to issue writs under Article 32?
- A High Court
- B District Court
- C Tribunal
- D Supreme Court
Correct answer: Supreme Court
The Supreme Court has the power to issue writs under Article 32. This is a Fundamental Right. It ensures direct access to justice.
Which writ means 'to have the body'?
- A Mandamus
- B Certiorari
- C Habeas Corpus
- D Writ of Prohibition
Correct answer: Habeas Corpus
Habeas Corpus literally means 'to have the body'. It orders production of a detained person. It checks illegal detention.
Which writ is issued to command a public official to perform a duty?
- A Certiorari
- B Prohibition
- C Habeas Corpus
- D Mandamus
Correct answer: Mandamus
Mandamus means 'we command'. It directs a public authority to perform its duty. It ensures proper functioning of authorities.
Which writ is issued to quash an order of a lower court?
- A Prohibition
- B Mandamus
- C Habeas Corpus
- D Certiorari
Correct answer: Certiorari
Certiorari is issued to quash orders of lower courts. It is used after judgment. It corrects errors of jurisdiction.
Which writ is issued to question the legality of a person's claim to a public office?
- A Mandamus
- B Certiorari
- C Quo-Warranto
- D Writ of Prohibition
Correct answer: Quo-Warranto
Quo-Warranto means 'by what authority'. It questions illegal occupation of public office. It ensures lawful appointments.
The Right to Constitutional Remedies is primarily for enforcement of:
- A Legal rights
- B Directive Principles
- C Customary laws
- D Fundamental Rights
Correct answer: Fundamental Rights
Article 32 is meant for enforcing Fundamental Rights. It ensures their protection. It is a guaranteed right.
Can the Right to Constitutional Remedies be suspended?
- A Never
- B Only by Parliament through law
- C Only by courts
- D Only during emergency
Correct answer: Only during emergency
This right can be suspended during a national emergency. It depends on the nature of emergency. This is provided in the Constitution.
Which Article allows Parliament to extend writ powers to other courts?
- A Article 32(2)
- B Article 226
- C Article 368
- D Article 32(3)
Correct answer: Article 32(3)
Article 32(3) allows Parliament to extend writ powers. It can empower other courts. This ensures wider access to justice.
Which of the following writs is preventive in nature?
- A Certiorari
- B Mandamus
- C Prohibition
- D Habeas Corpus
Correct answer: Prohibition
Prohibition is preventive. It stops lower courts from proceeding further. It prevents misuse of jurisdiction.
Which of the following writs is corrective in nature?
- A Prohibition
- B Mandamus
- C Habeas Corpus
- D Certiorari
Correct answer: Certiorari
Certiorari is corrective. It quashes orders already passed. It corrects jurisdictional errors.
The power to issue writs is part of:
- A Executive power
- B Legislative power
- C Judicial function
- D Administrative power
Correct answer: Judicial function
Issuing writs is a judicial function. It is exercised by courts. It ensures protection of rights.
Which of the following is a key feature of Article 32?
- A It is not judicially enforceable
- B It applies only to states
- C It is optional
- D It is itself a Fundamental Right
Correct answer: It is itself a Fundamental Right
Article 32 is itself a Fundamental Right. It guarantees remedy for violation of rights. It strengthens the Constitution.
Which of the following best describes the Right to Constitutional Remedies?
- A Right to vote
- B Right to acquire, hold, and freely dispose of property
- C Right to education
- D Right to approach courts for enforcement of rights
Correct answer: Right to approach courts for enforcement of rights
It allows individuals to approach courts for enforcement of Fundamental Rights. It is a safeguard against violation. It ensures justice.