Write yes or no and give reason to your answer 1) the supreme court of...
Yes, the Supreme Court of India alone has the power to issue writs.
Reason:
The power to issue writs is an important aspect of the Indian legal system, aimed at protecting the fundamental rights of citizens. Writs are legal remedies that can be sought from the courts to ensure that the government and its agencies act in accordance with the law. The Constitution of India provides for five types of writs: habeas corpus, mandamus, certiorari, prohibition, and quo warranto.
The power to issue writs is primarily vested with the Supreme Court of India under Article 32 of the Constitution. Article 32 grants the Supreme Court the power to issue directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of fundamental rights. This means that the Supreme Court has the authority to issue writs to protect the fundamental rights of individuals, even against actions of the government or any other authority.
However, it is important to note that the High Courts of the respective states also have the power to issue writs under Article 226 of the Constitution. While the High Courts can issue writs for the enforcement of fundamental rights as well as for any other purpose, their jurisdiction is limited to their respective states. On the other hand, the Supreme Court's jurisdiction extends to the whole of India and it can issue writs against any authority, including the High Courts themselves.
In summary, while both the Supreme Court of India and the High Courts have the power to issue writs, the Supreme Court alone has the authority to issue writs for the enforcement of fundamental rights throughout the country.
No, the right to property is not a fundamental right in India.
Reason:
The right to property was initially included as a fundamental right in the Constitution of India under Article 19(1)(f) and Article 31. However, through the 44th Amendment Act of 1978, the right to property was removed from the list of fundamental rights and was instead made a legal right under Article 300A.
The decision to remove the right to property as a fundamental right was primarily based on the need for land reforms and the redistribution of wealth in the country. The government wanted to have the power to acquire property for public purposes without being hindered by the fundamental right to property.
However, it is important to note that while the right to property is not a fundamental right, it is still protected under the Constitution and individuals have the right to own, acquire, and dispose of property. Article 300A ensures that no person shall be deprived of their property except by the authority of law. This means that the government can acquire property for public purposes, but it must do so through a legal process and provide fair compensation to the owner.
In conclusion, the right to property is not a fundamental right in India anymore, but it is still a legal right protected under Article 300A of the Constitution.