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Consider the following statements:<br>1. The powers of High Courts under Article 226 of the Constitution of India are wider than those of Supreme Court under Article 32 of the Constitution of India.<br>2. Both High Court and Supreme Court have concurrent power to enforce the fundamental rights.<br>3. It is mandatory for a petitioner first to approach the High Court instead of approaching the Supreme Court directly for enforcement of fundamental rights.<br>Which of the statements given above are correct?
A
1, 2 and 3
B
1 and 2
C
2 and 3
D
1 and 3
Correct Answer:
1 and 2
Study the following statements and pick up the correct code:
Statement I: The power of High Court to issue writs under Article 226 is wider than the power of Supreme Court under Article 32.
Statement II: The Supreme Court has the power to issue writs only for violation of fundamental rights whereas the power of High Court under Article 226 can be invoked for the enforcement of fundamental rights as well as legal rights.
A
Statement I is correct but Statement II is incorrect
B
Statement II is correct but Statement I is incorrect
C
Both the statements are correct but Statement II does not justify Statement I
D
Both the Statements are correct and Statement II justifies Statement I
The writ jurisdiction of the Supreme Court of India under Article 32 of the Constitution of India is not wider than that of the writ jurisdiction of the High Courts under Article 226 because the High Courts may exercise this power in relation to:
A
Civil and criminal matters
B
Fundamental and other legal rights
C
Fundamental rights and matters in appeals
D
Fundamental rights and stay matters
Consider the following statements about the power of superintendence of High Courts
1. Constitution does not place any restriction on the powers of High Courts to have superintendence over the subordinate courts.
2. Supreme Court has similar power vis-a-vis, the High Court.
Which of the above statements is/are correct?
A
Only 1
B
Only 2
C
Both 1 and 2
D
Neither 1 nor 2
Where two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try the offence, the question shall be decided
1. If the courts are subordinate to the same High Court, by that High Court
2. By the High Court within the local limits of whose appellate criminal jurisdiction the accused resides, carries on business or is engaged in a gainful employment
3. If the courts are subordinate to the same High Court, by that High Court in consultation with the State Government concerned
4. If the courts are not subordinate to the same High Court, by that court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced
Which of the above are correct?
A
1 and 2
B
2 and 3
C
1 and 4
D
1, 2, 3 and 4
A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Article 323A and clause 3(d) of Article 323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the constitution. Name the case:
A
L. Chandra Kumar v. Union of India
B
Kihota Hallahan v. Zachilhu
C
Nagaraj v. State of Andhra Pradesh
D
Rajendra Singh Rana v. Swami Prasad Maurya
Consider the following statements:
1. Supreme Court's power to issue writs is narrower than that of High Court
2. A citizen is free to approach High Court or Supreme Court's as he choose, whenever his fundamental rights are violated
3. The law declared by the Supreme Court is binding on all courts throughout India
Which of the above statements(s) is/are correct?
A
1 alone
B
1 and 2
C
1, 2 and 3
D
2 and 3
Part XIV-A entitled "Tribunals" was inserted by the Constitution (Forty Second) Amendment Act, 1976. Clause 2(d) of Article 323-A and Clause (3)(d) of Article 323-B excluded jurisdiction of all courts, except that of the Supreme Court under Article 136. In which case were these clauses struck down as being unconstitutional to the extent they barred the jurisdiction of the High Courts under Articles 226/227 and that of the Supreme Court under Article 32?
A
Maneka Gandhi v. Union of India, AIR 1978 SC 597
B
Minerva Mills v. Union of India, AIR 1980 SC 1789
C
S. R. Bommai v. Union of India, AIR 1994 SC 1918
D
L. Chandra Kumar v. Union of India, AIR 1997 SC 1125
Consider the following about the Original Jurisdiction of a High Court.
1. Article 226 of the Constitution vests in the High Court the power to issue writs for the restoration of Fundamental Rights.
2. This power is derogatory to similar powers of Supreme Court.
Which of the statement(s) given above is/are correct?
A
Only 1
B
Only 2
C
Both 1 and 2
D
None of the above
Which of the following statements regarding the residuary powers in the Constitution of India are correct
1. Residuary powers have been given to the Union Parliament
2. In the matter of residuary powers the Constitution of India follows the Constitution of Australia
3. The final authority to decide whether a particular matter falls under the residuary power or not is Parliament
4. The Government of India Act, 1935 placed residuary powers in the hands of Governor General
A
1, 2 and 3
B
1 and 4
C
2 and 3
D
3 and 4
Consider the following statements about the powers of High Courts
1. A High Court has the power of superintendence over all courts and tribunals in the state.
2. It also includes those courts which deal with the armed forces.
Which of the above statements is/are correct?
A
Only 1
B
Only 2
C
Both 1 and 2
D
Neither 1 nor 2