Question 1

Which Article of the Indian Constitution guarantees the Right to Constitutional Remedies and empowers citizens to approach the Supreme Court for the enforcement of Fundamental Rights?

Accepted Answer

Article 32 of the Indian Constitution is the constitutional remedy provision that grants citizens the right to move the Supreme Court directly for the enforcement of any of the Fundamental Rights conferred by Part III (Articles 12–35). It is often called the 'heart and soul' of the Constitution by Dr. B.R. Ambedkar.

Question 2

Which of the following statements about the Supreme Court of India is correct?

Accepted Answer

The Supreme Court of India is the apex court of the Indian judiciary and has been established under Article 124 of the Indian Constitution. It is the final court of appeal and has power to issue writs under Article 32 for enforcement of Fundamental Rights. The Supreme Court also has advisory jurisdiction under Article 143.

Question 3

According to Article 226 of the Indian Constitution, which court can issue writs for enforcement of any legal right?

Accepted Answer

Article 226 grants High Courts the power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) not only for enforcement of Fundamental Rights but for enforcement of any legal right. This is broader than Article 32, which is limited to Fundamental Rights.

Question 4

Which amendment to the Indian Constitution added Fundamental Duties to Part IV-A?

Accepted Answer

The 42nd Amendment (1976), also known as the 'Mini Constitution,' added Part IV-A to the Indian Constitution, which contains Fundamental Duties. This amendment was passed during the Emergency period and introduced 10 Fundamental Duties. The 86th Amendment (2002) later added an 11th duty related to education.

Question 5

Which Constitutional Amendment added Fundamental Duties to the Indian Constitution?

Accepted Answer

The 42nd Constitutional Amendment (1976), also known as the 'Mini Constitution,' added Part IV-A to the Constitution, introducing Fundamental Duties (Articles 51-A). This amendment was passed during the Emergency period under Prime Minister Indira Gandhi.

Question 6

A High Court can issue writs for enforcement of Fundamental Rights under which Article of the Indian Constitution?

Accepted Answer

Article 226 of the Indian Constitution empowers High Courts to issue writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto) for enforcement of Fundamental Rights and for any other purpose. This is the High Court's equivalent to the Supreme Court's Article 32 power.

Question 7

Which of the following is NOT a writ that can be issued under Article 32 of the Indian Constitution?

Accepted Answer

The five writs that can be issued under Article 32 are: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. These are the only writs available for enforcement of Fundamental Rights. Injunction is a civil remedy but not a constitutional writ under Article 32.

Question 8

Which of the following is NOT a writ that can be issued by the Supreme Court under Article 32?

Accepted Answer

The five writs issued under Article 32 are: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. These are the only writs available under this article for enforcement of fundamental rights.

Question 9

Which of the following is NOT a Fundamental Right under Part III of the Indian Constitution?

Accepted Answer

Right to Property was removed from the list of Fundamental Rights by the 44th Constitutional Amendment (1978) and is now a Constitutional Right under Article 300-A. The six Fundamental Rights are: equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies.

Question 10

Under which Article can a citizen approach the Supreme Court directly for the enforcement of Fundamental Rights?

Accepted Answer

Article 32 of the Indian Constitution empowers citizens to move the Supreme Court directly for the enforcement of Fundamental Rights. It is often called the 'heart and soul' of the Constitution by Dr. B.R. Ambedkar.

Question 11

Article 226 of the Indian Constitution empowers which courts to issue writs for enforcement of fundamental rights and other purposes?

Accepted Answer

Article 226 grants High Courts the power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) not only for enforcement of fundamental rights but also for any other purpose. This makes High Courts more powerful than the Supreme Court in terms of writ jurisdiction scope.

Question 12

Which Article of the Indian Constitution guarantees the Right to Life and Personal Liberty, and has been interpreted by the Supreme Court to include the right to live with human dignity?

Accepted Answer

Article 21 of the Indian Constitution states: 'No person shall be deprived of his life or personal liberty except according to procedure established by law.' The Supreme Court has expanded this interpretation to include rights such as right to health, education, and living with dignity through landmark judgments.

Question 13

Under Article 32 of the Indian Constitution, which of the following is NOT a writ that can be issued by the Supreme Court for the enforcement of Fundamental Rights?

Accepted Answer

Article 32 empowers the Supreme Court to issue five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. These are the only writs available under Article 32. Injunction is a civil remedy available under the Code of Civil Procedure but not a constitutional writ under Article 32.

Question 14

Which of the following statements about the jurisdiction of High Courts under Article 226 of the Indian Constitution is CORRECT?

Accepted Answer

Article 226 grants High Courts the power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) for enforcement of Fundamental Rights and for any other purpose. This jurisdiction is wider than Article 32 (Supreme Court) as it covers both fundamental rights and other legal purposes. High Courts can issue writs against any person, authority, or government body within their territorial jurisdiction.

Question 15

The 42nd Amendment to the Indian Constitution, passed in 1976, made significant changes to the Constitution. Which of the following was NOT one of the changes introduced by the 42nd Amendment?

Accepted Answer

The 42nd Amendment (1976) made several key changes: (1) Added 'Socialist' and 'Secular' to the Preamble, (2) Reduced the term of Lok Sabha from 5 to 4 years (later restored to 5 years by 44th Amendment), (3) Added Fundamental Duties (Article 51A), (4) Reduced the power of courts to question laws. However, the 42nd Amendment did NOT introduce the concept of Fundamental Rights — these were already part of the original Constitution (Part III, Articles 12-35).

Question 16

Which Article of the Indian Constitution defines the term 'State' for the purpose of applying Fundamental Rights, and includes government bodies and public authorities?

Accepted Answer

Article 12 of the Indian Constitution defines 'State' for the purpose of Part III (Fundamental Rights). It states: 'In this Part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.' This broad definition ensures that Fundamental Rights apply against all government bodies, not just the central government.

Question 17

Which Article of the Indian Constitution guarantees the Right to Life and Personal Liberty, and has been interpreted by the Supreme Court to include the right to live with human dignity?

Accepted Answer

Article 21 of the Indian Constitution explicitly states: 'No person shall be deprived of his life or personal liberty except according to procedure established by law.' The Supreme Court has expanded this through landmark judgments (Maneka Gandhi v. Union of India, 1978) to include rights like privacy, freedom from torture, and right to education.

Question 18

Under Article 226 of the Indian Constitution, which court has the power to issue writs of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto?

Accepted Answer

Article 226 grants High Courts the power to issue writs for the enforcement of fundamental rights and for any other purpose. These five writs are the primary remedies available through High Courts. Article 32 grants similar powers to the Supreme Court, but Article 226 is specific to High Courts and has broader jurisdiction (not limited to fundamental rights alone).

Question 19

Under Article 226 of the Indian Constitution, which court has the power to issue writs for enforcement of fundamental rights and other legal rights?

Accepted Answer

Article 226 grants High Courts the power to issue writs of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto for enforcement of fundamental rights and other legal rights. This is a key jurisdictional provision distinguishing High Courts from other courts.

Question 20

Which of the following statements about the jurisdiction of the Supreme Court of India is CORRECT?

Accepted Answer

The Supreme Court has Original Jurisdiction (Article 131 - disputes between states/union and states), Appellate Jurisdiction (Article 133-136 - appeals from High Courts), and Advisory Jurisdiction (Article 143 - on matters of public importance). The Supreme Court is the final arbiter of constitutional interpretation and has the power of judicial review.

AFCAT Supreme Court & High Courts

Supreme Court & High Courts — Practice Questions