UPSC Polity Practice Questions
Target: Mission Prelims 2027
Updated:
Difficulty
Hard
Skill Tested
Conceptual Clarity
Topic Clusters
Examine the logical coherence between the following legal scenarios and constitutional jurisdictions:
1. Evidence 1: A citizen's Fundamental Right to free speech is violated by the state. Inference 1: The citizen can move the Supreme Court directly under Article 32, as the court holds original jurisdiction for Part III rights.
2. Evidence 2: Article 226 empowers High Courts to issue writs for the enforcement of Fundamental Rights. Inference 2: Therefore, the Supreme Court's writ jurisdiction over Fundamental Rights is concurrent, not exclusive.
3. Evidence 3: A citizen seeks a writ to enforce a standard statutory right regarding property taxation. Inference 3: The citizen can successfully invoke Article 32 to demand a writ from the Supreme Court for this issue.
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Correct Option: A
Article 32 grants the Supreme Court original, but not exclusive, jurisdiction to issue writs solely for the enforcement of Fundamental Rights. It is concurrent with Article 226, which grants High Courts original jurisdiction to issue writs for both Fundamental Rights and ordinary legal rights, giving High Courts a wider scope.
Solution
Consider the following Assertion and Reasons:
1. Assertion (A): The High Court actually possesses a wider substantive scope for issuing writs than the Supreme Court of India.
2. Reason (R1): Under Article 226, the High Court can issue writs for both the enforcement of Fundamental Rights and for 'any other purpose' (ordinary legal rights).
3. Reason (R2): The Parliament has the constitutional authority under Article 32 to strip the Supreme Court of its writ jurisdiction and transfer it entirely to the High Courts.
Solution
Imagine you are a legal scholar analyzing parliamentary powers. Parliament passes a law empowering District Courts to issue writs of Habeas Corpus and Mandamus to relieve the burden on higher courts. Critics argue this violates the Constitution because writ powers are exclusively reserved for the Supreme Court and High Courts. What is your constitutional assessment?
1. Statement 1: The critics are correct; Article 32 strictly limits writ jurisdiction to the apex constitutional courts to maintain judicial uniformity.
2. Statement 2: The critics are incorrect; Article 32 explicitly authorizes Parliament to empower 'any other court' to issue writs, provided it does not prejudice the Supreme Court's powers.
3. Statement 3: The critics are incorrect because District Courts already possess inherent writ jurisdiction under Article 226.
Solution
Consider the following statements comparing the writ jurisdictions of Indian courts:
1. 1. An aggrieved citizen must first exhaust the appellate jurisdiction of the High Court before invoking Article 32 in the Supreme Court.
2. 2. The Supreme Court's authority to enforce Fundamental Rights through writs is concurrent with the authority of the High Courts.
3. 3. Article 32 can be invoked to challenge the constitutionality of a legislative act even if it does not directly infringe upon a Fundamental Right.
4. 4. Parliament possesses the constitutional mandate to empower lower courts with writ-issuing authority.
Solution
Thus, exactly two statements are correct.
🚨 The Examiner's Trap
Candidates assume the Supreme Court is all-powerful and therefore has 'exclusive' jurisdiction over Fundamental Rights, forgetting the High Courts' concurrent power. They also mistakenly believe Article 32 can be used for any general legal violation.
Concept Flow Mapping
Logic Quest
"Is the Supreme Court's jurisdiction under Article 32 to enforce Fundamental Rights considered 'exclusive'?"
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