Right to Constitutional Remedies — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Who told the Constituent Assembly on 9 December 1948 that without Article 32 the Constitution would be a dead letter?

   • Mahatma Gandhi
   • Dr. B.R. Ambedkar (correct answer)
   • Jawaharlal Nehru
   • Rajendra Prasad

   Explanation. Dr. B.R. Ambedkar told the Constituent Assembly on 9 December 1948 that without Article 32 the Constitution would be a dead letter.

2. Which court(s) have original jurisdiction to issue writs for enforcement of Fundamental Rights under Article 32?

   • Only District Courts
   • The Supreme Court (correct answer)
   • Only Tribunals
   • Only the Election Commission

   Explanation. Article 32 vests the Supreme Court with original jurisdiction to issue directions or writs for the enforcement of Fundamental Rights.

3. Which writ is issued to secure the release of a person unlawfully detained?

   • Mandamus
   • Habeas corpus (correct answer)
   • Certiorari
   • Quo warranto

   Explanation. Habeas corpus ('to have the body') is issued to produce a detained person before the court and secure release if the detention is unlawful.

4. Which writ commands a public authority to perform a public duty it has failed to perform?

   • Mandamus (correct answer)
   • Prohibition
   • Habeas corpus
   • Certiorari

   Explanation. Mandamus ('we command') directs a public authority to perform a public duty it is legally obligated to perform but has failed to.

5. Which writ is issued by a superior court to a lower court or tribunal to quash an order already passed in excess of jurisdiction?

   • Certiorari (correct answer)
   • Quo warranto
   • Mandamus
   • Habeas corpus

   Explanation. Certiorari is issued to quash an order already passed by a lower court/tribunal/authority acting without or in excess of jurisdiction.

6. Which writ questions the legal authority of a person to hold a public office?

   • Quo warranto (correct answer)
   • Prohibition
   • Certiorari
   • Mandamus

   Explanation. Quo warranto ('by what authority') challenges a person's legal right to hold a public office.

7. Can the right to move the Supreme Court under Article 32 itself be suspended other than as expressly provided by the Constitution, such as under Article 359 during an Emergency?

   • Yes, freely by ordinary legislation
   • No, Article 32 itself is a guaranteed Fundamental Right and cannot ordinarily be taken away except through the Constitution's own express emergency mechanism (correct answer)
   • Yes, by executive order at any time
   • No exception exists anywhere in the Constitution

   Explanation. Article 32 is itself a Fundamental Right; it cannot be abridged except through the Constitution's own express mechanism, such as a Presidential order under Article 359 during a proclaimed Emergency.

8. In L. Chandra Kumar v. Union of India (1997), what did the Supreme Court hold about the power of judicial review under Articles 32 and 226?

   • It can be completely excluded by an ordinary statute
   • It is part of the basic structure of the Constitution and cannot be ousted even by constitutional amendment (correct answer)
   • It applies only to criminal cases
   • It was abolished by the 42nd Amendment permanently

   Explanation. L. Chandra Kumar held that the power of judicial review vested in the Supreme Court and High Courts under Articles 32 and 226 is part of the basic structure and cannot be excluded even by constitutional amendment.

9. In Nilabati Behera v. State of Orissa (1993), the Supreme Court held that compensation under Articles 32 and 226 is:

   • A private law remedy needing proof of negligence
   • A public law remedy based on strict liability, to which sovereign immunity does not apply (correct answer)
   • Barred by sovereign immunity
   • Available only through a civil suit

   Explanation. The Court held compensation under Articles 32 and 226 is a public law remedy based on strict liability.