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Which of the following statements is incorrect regarding Right to Constitutional Remedies and Writs provided under it in the Indian Constitution?
- a)Pandit Jawaharlal Nehru considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’
- b)Constitutional Remedies gives a citizen the right to approach a High Court or the Supreme Court to get any of the Fundamental Rights restored in case of their violation.
- c)Mandamus writ is issued when the court fi nds that a particular offi ceholder is not doing his/her legal duty.
- d)Under Certiorari writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
Which of the following statements is incorrect regarding Right to Cons...
It was B.R Ambedkar that called the Right to Constitutional Remedies (Article 32) as the heart and soul of the Constitution.
Not Jawaharlal Nehru.
So option a) is incorrect.
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Community Answer
Which of the following statements is incorrect regarding Right to Cons...
- Option (a) is incorrect: Dr. B.R. Ambedkar considered the Right to Constitutional Remedies as ‘heart and soul of the constitution’.
Supplementary notes:
Fundamental Rights
- The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35.
- They prevent the establishment of an authoritarian and despotic rule in the country and protect the liberties and freedoms of the people against the invasion by the State
- Originally, the Constitution provided for seven Fundamental Rights namely,
(i) Right to Equality (Articles 14–18)
(ii) Right to Freedom (Articles 19–22)
(iii) Right against Exploitation (Articles 23– 24)
(iv) Right to Freedom of Religion (Articles 25–28)
(v) Cultural and Educational Rights (Articles 29–30)
(vi) Right to Property (Article 31)
(vii) Right to Constitutional Remedies (Article 32) - However, the Right to Property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. It is made a legal right under Article 300-A.
Right to Constitutional Remedies (Article 32)
- It gives a citizen the right to approach a High Court (Article 226) or the Supreme Court (Article 32) to get any of the Fundamental Rights restored in case of their violation.
- Dr. B.R. Ambedkar considered the Right to Constitutional Remedies as ‘heart and soul of the constitution’.
- It contains the following four provisions:
- The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed.
- The Supreme Court shall have the power to issue directions or orders or writs for the enforcement of any of the Fundamental Rights.
- Parliament can empower any other court to issue directions, orders, and writs of all kinds. Any other court here does not include High Courts because Article 226 has already conferred these powers on the High Courts.
- The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution. Thus, the Constitution provides that the President can suspend the right to move any court for the enforcement of the Fundamental Rights during a national emergency (Article 359).
Types of Writs:
- Habeas corpus: A writ of habeas corpus means that the court orders that the arrested person should be presented before it. It can also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory.
- Mandamus: This writ is issued when the court fin ds that a particular offi ceholder is not doing legal duty and thereby is infringing on the right of an individual.
- Prohibition: This writ is issued by a higher court (High Court or Supreme Court) when a lower court has considered a case going beyond its jurisdiction.
- Quo Warranto: If the court fi nds that a person is holding offi ce but is not entitled to hold that offi ce, it issues the writ of quo warranto and restricts that person from acting as an offi ceholder.
- Certiorari: Under this writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.
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Which of the following statements is incorrect regarding Right to Constitutional Remedies and Writs provided under it in the Indian Constitution?a)Pandit Jawaharlal Nehru considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’b)Constitutional Remedies gives a citizen the right to approach a High Court or the Supreme Court to get any of the Fundamental Rights restored in case of their violation.c)Mandamus writ is issued when the court fi nds that a particular offi ceholder is not doing his/her legal duty.d)Under Certiorari writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.Correct answer is option 'A'. Can you explain this answer?
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Which of the following statements is incorrect regarding Right to Constitutional Remedies and Writs provided under it in the Indian Constitution?a)Pandit Jawaharlal Nehru considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’b)Constitutional Remedies gives a citizen the right to approach a High Court or the Supreme Court to get any of the Fundamental Rights restored in case of their violation.c)Mandamus writ is issued when the court fi nds that a particular offi ceholder is not doing his/her legal duty.d)Under Certiorari writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following statements is incorrect regarding Right to Constitutional Remedies and Writs provided under it in the Indian Constitution?a)Pandit Jawaharlal Nehru considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’b)Constitutional Remedies gives a citizen the right to approach a High Court or the Supreme Court to get any of the Fundamental Rights restored in case of their violation.c)Mandamus writ is issued when the court fi nds that a particular offi ceholder is not doing his/her legal duty.d)Under Certiorari writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following statements is incorrect regarding Right to Constitutional Remedies and Writs provided under it in the Indian Constitution?a)Pandit Jawaharlal Nehru considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’b)Constitutional Remedies gives a citizen the right to approach a High Court or the Supreme Court to get any of the Fundamental Rights restored in case of their violation.c)Mandamus writ is issued when the court fi nds that a particular offi ceholder is not doing his/her legal duty.d)Under Certiorari writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.Correct answer is option 'A'. Can you explain this answer?.
Which of the following statements is incorrect regarding Right to Constitutional Remedies and Writs provided under it in the Indian Constitution?a)Pandit Jawaharlal Nehru considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’b)Constitutional Remedies gives a citizen the right to approach a High Court or the Supreme Court to get any of the Fundamental Rights restored in case of their violation.c)Mandamus writ is issued when the court fi nds that a particular offi ceholder is not doing his/her legal duty.d)Under Certiorari writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following statements is incorrect regarding Right to Constitutional Remedies and Writs provided under it in the Indian Constitution?a)Pandit Jawaharlal Nehru considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’b)Constitutional Remedies gives a citizen the right to approach a High Court or the Supreme Court to get any of the Fundamental Rights restored in case of their violation.c)Mandamus writ is issued when the court fi nds that a particular offi ceholder is not doing his/her legal duty.d)Under Certiorari writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following statements is incorrect regarding Right to Constitutional Remedies and Writs provided under it in the Indian Constitution?a)Pandit Jawaharlal Nehru considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’b)Constitutional Remedies gives a citizen the right to approach a High Court or the Supreme Court to get any of the Fundamental Rights restored in case of their violation.c)Mandamus writ is issued when the court fi nds that a particular offi ceholder is not doing his/her legal duty.d)Under Certiorari writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Which of the following statements is incorrect regarding Right to Constitutional Remedies and Writs provided under it in the Indian Constitution?a)Pandit Jawaharlal Nehru considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’b)Constitutional Remedies gives a citizen the right to approach a High Court or the Supreme Court to get any of the Fundamental Rights restored in case of their violation.c)Mandamus writ is issued when the court fi nds that a particular offi ceholder is not doing his/her legal duty.d)Under Certiorari writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.Correct answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
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Which of the following statements is incorrect regarding Right to Constitutional Remedies and Writs provided under it in the Indian Constitution?a)Pandit Jawaharlal Nehru considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’b)Constitutional Remedies gives a citizen the right to approach a High Court or the Supreme Court to get any of the Fundamental Rights restored in case of their violation.c)Mandamus writ is issued when the court fi nds that a particular offi ceholder is not doing his/her legal duty.d)Under Certiorari writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Which of the following statements is incorrect regarding Right to Constitutional Remedies and Writs provided under it in the Indian Constitution?a)Pandit Jawaharlal Nehru considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’b)Constitutional Remedies gives a citizen the right to approach a High Court or the Supreme Court to get any of the Fundamental Rights restored in case of their violation.c)Mandamus writ is issued when the court fi nds that a particular offi ceholder is not doing his/her legal duty.d)Under Certiorari writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Which of the following statements is incorrect regarding Right to Constitutional Remedies and Writs provided under it in the Indian Constitution?a)Pandit Jawaharlal Nehru considered the Right to Constitutional Remedies as ‘heart and soul of the Constitution’b)Constitutional Remedies gives a citizen the right to approach a High Court or the Supreme Court to get any of the Fundamental Rights restored in case of their violation.c)Mandamus writ is issued when the court fi nds that a particular offi ceholder is not doing his/her legal duty.d)Under Certiorari writ, the higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an
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