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Which one of the following courts is responsible for the enforcement of Fundamental Rights?
Click here👆to get an answer to your question ✍️ Which one of the following courts is responsible for the enforcement of Fundamental Rights?
Which one of the following courts is responsible for the enforcement of Fundamental Rights?A
The High CourtsB
The Supreme Court of IndiaC
District and Sessions CourtD
The Supreme Court of India and the High Courts.
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Correct option is D)
The Constitution empowers the Supreme Court and High Court with the duty to safeguard the Fundamental Rights of the citizens. The Supreme Court under Article 32 and High Court under Article 226 of the Constitution can issue Writs for the protection of Fundamental Rights. Any Person whose Fundamental Rights are violated can approach either of the courts. Although the Constitution also empowers the Parliament to extend this power of Supreme Court and High Court to any other Court or tribunal by making law in this regard.
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[Solved] For the enforcement of Fundamental Rights, the Supreme Court
The correct answer is Writ. Key Points For the enforcement of Fundamental Rights, the Supreme Court may issue a Writ. Article 32 empowers the Supreme
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For the enforcement of Fundamental Rights, the Supreme Court may issue a
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The correct answer is Writ.Key PointsFor the enforcement of Fundamental Rights, the Supreme Court may issue a Writ.
Article 32 empowers the Supreme court to issue these writs.
Article 226 empowers all the high courts of India to issue the writs.
Writs of India are borrowed from English law where they are known as ‘Prerogative writs’Additional InformationThe types of writsHabeas Corpus
Habeas Corpus is a writ that is enforced to protect the fundamental right to liberty of an individual against unlawful detention.
This writ commands a public official to deliver a detained person in front of the court and provide valid reasons for the detention.
This writ can be issued against private individual and public official.Certiorari
The writ of certiorari is issued to a lower court directing that the transfer of a case for review, usually to overrule the judgment of the lower court.
The Supreme Court issues the writ of Certiorari in case the decision passed by the lower court is challenged by the party.
It is issued in case the higher court finds it a matter of over jurisdiction or lack of jurisdiction.
It is one of the mechanisms by which the fundamental rights of the citizens are upheld.Prohibition
Prohibition is a writ issued by a higher court to a lower court to enforce inactivity in the jurisdiction.
It happens only in case the higher court is of the discretion that the case falls outside the jurisdiction of the lower court.
Writ of Prohibition can only be issued against judicial and quasi-judicial authorities.Mandamus
The writ of mandamus is issued to a subordinate court, an officer of the government, or a corporation or other institution commanding the performance of certain acts or duties.Unlike Habeas Corpus, Mandamus cannot be issued against a private individual.
The writ of mandamus can be used to order the completion of a task or in other cases, it may require an activity to be ceased.Quo-Warranto
Quo warranto is issued against a person who claims or usurps a public office.
Through this writ, the court inquires by what authority the person supports his or her claim.
Through this writ, the court enquires into the legality of a claim of a person to a public office.
This writ prevents the illegal assumption of a public office by an individual.
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More Polity QuestionsQ1. With reference to the office of the Attorney General of India, Which of the following statements is/are correct? I. He is the highest law officer in the country. II. In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India.Q2. 'Developing a culture to deliver Public Services within stipulated time limit' deals with which of the following section of the Maharashtra Right to Public Services Act, 2015?Q3. Which of the following section of Maharashtra Right to Public Service Act, 2015 relates with 'Power and Functions of Commission' ?Q4. Which of the following statement/s is/are true regarding application seeking information under Right to Information Act, 2005 ? (a) Application should be in writing or through electronic means. (b) Application should be accompanied by prescribed fees/no fee and cost for applicant below poverty line. (c) Application should mention reason for requesting the information. (d) Application should mention personal details of applicant necessary for contacting him.
For the enforcement of Fundamental rights the Supreme Court may issue a\/an(A) decree(B) ordinance(C) notification(D) writ
For the enforcement of Fundamental rights the Supreme Court may issue a\/an(A) decree(B) ordinance(C) notification(D) writ. Ans: Hint:The Supreme Court of the Apex court of the country can enforce the Fundamental rights by issuing certain orders and ...For the enforcement of Fundamental rights the Supreme Court may issue a/an
(A) decree (B) ordinance (C) notification (D) writ Answer Verified 218.4k+ views 7 likesHint:
The Supreme Court of the Apex court of the country can enforce the Fundamental rights by issuing certain orders and directions which are issued under Article 32. These orders are Quo-Warranto, Mandamus, Habeas Corpus, Certiorari, and, ProhibitionComplete step by step solution:
The orders or Directions issued by the Supreme Court to ensure that fundamental rights are given to all citizens is known as Writ. There are different kinds of Writs namely subpoenas, warrants and prerogative Writs. Writs were earlier used by Monarch who gave orders to other officials in the form of these writs. The pieces of evidence of their use have been found in Canada, Australia, and, United Kingdom. Their use can also be traced during the medieval English period where these were used by the Kings to issue orders for certain influential personalities to appear in the parliament so that they can advise on important matters. In India, the rights to issue Prerogative writ have been given to the High Courts of all the Indian States and the Supreme Court. The High Courts may issue writs under Article 226 while the Supreme court issues writs under Article 32 to enforce Fundamental rights and to enforce Rights other than Fundamental rights it issues writs under Article 139.Hence, the correct answer is option D.Note:
Under the writ of Prohibition the lower court is prohibited by the higher court to take up a case as it falls outside its jurisdiction and thus the case gets transferred to the higher court. Under a writ of Habeas Corpus, the detained person is given a trial, if the detention is found to be illegal the person is set free of all the charges.
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