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With reference to Right to Constitutional Remedies guaranteed under Article 32, consider the following statements:
- The Supreme Court has ruled that Article 32 is a basic feature of the constitution.
- Fundamental rights and other statutory rights can be enforced under Article 32.
- The Supreme Court has both exclusive and original jurisdiction in case of enforcement of Fundamental Rights.
- Article 32 cannot be invoked to determine the constitutionality of an executive order or a legislation unless it directly infringes on any Fundamental Rights.
Which of the above statements is/are correct?
- a)1, 4
- b)2, 3
- c)1, 2, 3
- d)2, 3, 4
Correct answer is option 'A'. Can you explain this answer?
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With reference to Right to Constitutional Remedies guaranteed under Ar...
The correct answer is option A: 1, 4.
Explanation:
Article 32 of the Indian Constitution guarantees the right to constitutional remedies. It is considered as one of the fundamental rights provided to citizens and is often referred to as the "heart and soul" of the Constitution. Let's examine each statement in detail:
1. The Supreme Court has ruled that Article 32 is a basic feature of the constitution:
- This statement is correct. The Supreme Court has repeatedly held that Article 32 is a basic feature of the Constitution. In the landmark case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the power of judicial review, including the right to move the Supreme Court under Article 32, is an essential feature of the Constitution that cannot be taken away or abrogated.
2. Fundamental rights and other statutory rights can be enforced under Article 32:
- This statement is incorrect. Article 32 specifically provides for the enforcement of fundamental rights only and not other statutory rights. However, it is important to note that statutory rights can be enforced under Article 226, which empowers the High Courts to issue writs for the enforcement of any legal right.
3. The Supreme Court has both exclusive and original jurisdiction in case of enforcement of Fundamental Rights:
- This statement is incorrect. While the Supreme Court has exclusive jurisdiction to enforce fundamental rights, it does not have original jurisdiction. Original jurisdiction refers to the power of a court to hear a matter in the first instance, without it being appealed from any lower court. In the case of enforcement of fundamental rights, the Supreme Court exercises appellate jurisdiction, where cases are appealed from the High Courts.
4. Article 32 cannot be invoked to determine the constitutionality of an executive order or legislation unless it directly infringes on any Fundamental Rights:
- This statement is correct. Article 32 can only be invoked for the enforcement of fundamental rights and cannot be used to directly challenge the constitutionality of an executive order or legislation. However, if an executive order or legislation directly infringes on any fundamental rights, Article 32 can be invoked to seek appropriate remedies.
In conclusion, statements 1 and 4 are correct, while statements 2 and 3 are incorrect.
Explanation:
Article 32 of the Indian Constitution guarantees the right to constitutional remedies. It is considered as one of the fundamental rights provided to citizens and is often referred to as the "heart and soul" of the Constitution. Let's examine each statement in detail:
1. The Supreme Court has ruled that Article 32 is a basic feature of the constitution:
- This statement is correct. The Supreme Court has repeatedly held that Article 32 is a basic feature of the Constitution. In the landmark case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the power of judicial review, including the right to move the Supreme Court under Article 32, is an essential feature of the Constitution that cannot be taken away or abrogated.
2. Fundamental rights and other statutory rights can be enforced under Article 32:
- This statement is incorrect. Article 32 specifically provides for the enforcement of fundamental rights only and not other statutory rights. However, it is important to note that statutory rights can be enforced under Article 226, which empowers the High Courts to issue writs for the enforcement of any legal right.
3. The Supreme Court has both exclusive and original jurisdiction in case of enforcement of Fundamental Rights:
- This statement is incorrect. While the Supreme Court has exclusive jurisdiction to enforce fundamental rights, it does not have original jurisdiction. Original jurisdiction refers to the power of a court to hear a matter in the first instance, without it being appealed from any lower court. In the case of enforcement of fundamental rights, the Supreme Court exercises appellate jurisdiction, where cases are appealed from the High Courts.
4. Article 32 cannot be invoked to determine the constitutionality of an executive order or legislation unless it directly infringes on any Fundamental Rights:
- This statement is correct. Article 32 can only be invoked for the enforcement of fundamental rights and cannot be used to directly challenge the constitutionality of an executive order or legislation. However, if an executive order or legislation directly infringes on any fundamental rights, Article 32 can be invoked to seek appropriate remedies.
In conclusion, statements 1 and 4 are correct, while statements 2 and 3 are incorrect.
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With reference to Right to Constitutional Remedies guaranteed under Article 32, consider the following statements: The Supreme Court has ruled that Article 32 is a basic feature of the constitution. Fundamental rights and other statutory rights can be enforced under Article 32. The Supreme Court has both exclusive and original jurisdiction in case of enforcement of Fundamental Rights. Article 32 cannot be invoked to determine the constitutionality of an executive order or a legislation unless it directly infringes on any Fundamental Rights.Which of the above statements is/are correct?a)1, 4b)2, 3c)1, 2, 3d)2, 3, 4Correct answer is option 'A'. Can you explain this answer?
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With reference to Right to Constitutional Remedies guaranteed under Article 32, consider the following statements: The Supreme Court has ruled that Article 32 is a basic feature of the constitution. Fundamental rights and other statutory rights can be enforced under Article 32. The Supreme Court has both exclusive and original jurisdiction in case of enforcement of Fundamental Rights. Article 32 cannot be invoked to determine the constitutionality of an executive order or a legislation unless it directly infringes on any Fundamental Rights.Which of the above statements is/are correct?a)1, 4b)2, 3c)1, 2, 3d)2, 3, 4Correct 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 With reference to Right to Constitutional Remedies guaranteed under Article 32, consider the following statements: The Supreme Court has ruled that Article 32 is a basic feature of the constitution. Fundamental rights and other statutory rights can be enforced under Article 32. The Supreme Court has both exclusive and original jurisdiction in case of enforcement of Fundamental Rights. Article 32 cannot be invoked to determine the constitutionality of an executive order or a legislation unless it directly infringes on any Fundamental Rights.Which of the above statements is/are correct?a)1, 4b)2, 3c)1, 2, 3d)2, 3, 4Correct 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 With reference to Right to Constitutional Remedies guaranteed under Article 32, consider the following statements: The Supreme Court has ruled that Article 32 is a basic feature of the constitution. Fundamental rights and other statutory rights can be enforced under Article 32. The Supreme Court has both exclusive and original jurisdiction in case of enforcement of Fundamental Rights. Article 32 cannot be invoked to determine the constitutionality of an executive order or a legislation unless it directly infringes on any Fundamental Rights.Which of the above statements is/are correct?a)1, 4b)2, 3c)1, 2, 3d)2, 3, 4Correct answer is option 'A'. Can you explain this answer?.
With reference to Right to Constitutional Remedies guaranteed under Article 32, consider the following statements: The Supreme Court has ruled that Article 32 is a basic feature of the constitution. Fundamental rights and other statutory rights can be enforced under Article 32. The Supreme Court has both exclusive and original jurisdiction in case of enforcement of Fundamental Rights. Article 32 cannot be invoked to determine the constitutionality of an executive order or a legislation unless it directly infringes on any Fundamental Rights.Which of the above statements is/are correct?a)1, 4b)2, 3c)1, 2, 3d)2, 3, 4Correct 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 With reference to Right to Constitutional Remedies guaranteed under Article 32, consider the following statements: The Supreme Court has ruled that Article 32 is a basic feature of the constitution. Fundamental rights and other statutory rights can be enforced under Article 32. The Supreme Court has both exclusive and original jurisdiction in case of enforcement of Fundamental Rights. Article 32 cannot be invoked to determine the constitutionality of an executive order or a legislation unless it directly infringes on any Fundamental Rights.Which of the above statements is/are correct?a)1, 4b)2, 3c)1, 2, 3d)2, 3, 4Correct 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 With reference to Right to Constitutional Remedies guaranteed under Article 32, consider the following statements: The Supreme Court has ruled that Article 32 is a basic feature of the constitution. Fundamental rights and other statutory rights can be enforced under Article 32. The Supreme Court has both exclusive and original jurisdiction in case of enforcement of Fundamental Rights. Article 32 cannot be invoked to determine the constitutionality of an executive order or a legislation unless it directly infringes on any Fundamental Rights.Which of the above statements is/are correct?a)1, 4b)2, 3c)1, 2, 3d)2, 3, 4Correct answer is option 'A'. Can you explain this answer?.
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