Tag: fundamental rights- part i

Questions Related to fundamental rights- part i

Under the writ of 'Mandamus', the Court can _____________.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. ask the person to be produced

  2. ask to let a person free for a temporary period

  3. order to transfer the case from one court

  4. direct the Government to do or not to do a thing

Show answer
Correct Option: D
Explanation:

The Literal meaning of Mandamus is "we command". It is an order issued by the court to a public official, public body, government or any corporation asking them to perform a duty which they have failed or refused to perform or stopping them not to exercise their function if it goes beyond the control of law.

Which body exposed to the world that prisoners at Guantanamo Bay were being tortured in ways that violated the US laws?

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. United Nations

  2. International Court of Justice

  3. Amnesty International

  4. Supreme Court of USA

Show answer
Correct Option: C
Explanation:
Amnesty International, an international human rights organisation, collected information on the condition of the prisoners in Guantanamo Bay and reported that the prisoners were being tortured in ways that violated the US laws. They were being denied the treatment that even prisoners of war must get as per international treaties. 

The writ, Habeas Corpus, is not issued where the detention is lawful, _____________.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. The proceeding is for contempt of a legislature or a court

  2. Detention is by a competent court

  3. Detention is outside the jurisdiction of the court

  4. All of these

Show answer
Correct Option: D
Explanation:
The writ of habeas corpus can be issued by the Supreme Court and High court under Article 32 and 226 of the Constitution respectively. The literal meaning of habeas corpus means 'to have the body'. It is an order issued by the court to produce the person illegally detained before the court. It acts as a bulwark against the detention of the person. However, the writ cannot be issued when:
1. Detention is legal;
2. It is outside the jurisdiction of the court;
3. Detention is for contempt of court or legislature;
4. Detention is by the final judgment of the court.

The writ of mandamus cannot be issued against __________.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. A private individual or body

  2. To enforce departmental instruction that does not possess statutory force

  3. When the duty is discretionary and not mandatory

  4. All of these

Show answer
Correct Option: D
Explanation:
Mandamus is a judicial remedy which is in the form of an order from a superior court to any Government agency, court or public authority to do a specific act which that body is obliged to do under the law. Mandamus cannot be issued against the following:
1. A private individual or private body.
2. If the duty in question is discretionary and not mandatory.
3. Against president or governors of state
4. To enforce some kind of private contract.

Habeas Corpus is a _______ term.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. Latin

  2. Indian

  3. Egyptian

  4. Russian

Show answer
Correct Option: A
Explanation:

Habeas Corpus is a Latin term. The habeas corpus (which literally means to produce the body) is a court order to a person or agency holding someone in custody to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention.

Mandamus is a command issued by the court to a public official asking him to perform his official duties that _________.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. He has failed

  2. He has refused to perform

  3. Both A and B

  4. None of these

Show answer
Correct Option: C
Explanation:

Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. It is a command issued by the court to a public official asking him to perform his official duties that he had failed or refused to perform.

___________ is an order issued by the court to a person who has detained another person, to produce the body of the latter before it.

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. Habeas Corpus

  2. Mandamus

  3. Certiorari

  4. Quo-Warranto

Show answer
Correct Option: A
Explanation:

Habeas Corpus literally means that you have the body. It is a prerogative writ through which a person can report unlawful detention or imprisonment to a court and request the court to bring the prisoner to the court and determine whether the detention is lawful.

Which of the following writs may be issued to enforce a Fundamental Rights?

political science fundamental rights- part i human rights : origin, characteristics and types international problems problems affecting the world

  1. Habeas Corpus

  2. Mandamus

  3. Prohibition

  4. Certiorari

Show answer
Correct Option: A
Explanation:

The Literal meaning of 'Habeas Corpus' is "we may have the body'. It is an order issued by the court to a person who has illegally detained the other person directing him to produce such person in the court for examination of detention. The person is then freed if the detention is found to be illegal. Hence, this writ is the bulwark of Individual's liberty against illegal detention.