Q11 · UPPSC Prelims 2023 · Set A · General Studies

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Consider the following statements concerning the powers of the Supreme Court to issue certain writs to stop violation of Fundamental Rights:(1)The Supreme Court has power to issue writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari which are appropriate for the enforcement of Fundamental Rights.(2)Parliament may by law empower any other court to exercise, within its jurisdiction, the powers given to the Supreme Court.Which of the above statement(s) is/are correct?Select the correct answer from the code given below:

A Both 1 and 2
B Only 1
C Only 2
D Neither 1 nor 2

Correct answer: (a) Both 1 and 2

Explanation

  1. A

    Both 1 and 2

    Both 1 and 2. This option asserts that both statements regarding the writ jurisdiction of the Supreme Court under Article 32 and the parliamentary power under Article 139 to empower other courts are legally correct. Statement 1 correctly lists the five major constitutional writs, while Statement 2 accurately quotes Article 139 which allows Parliament to confer these writ powers on any other court. Consequently, this comprehensive statement is the correct choice.

  2. B

    Only 1

    Only 1. This option claims that only the first statement concerning the Supreme Court's power to issue writs is correct while the second is not. It fails to recognize that Article 139 explicitly empowers Parliament to extend similar writ-issuing powers to other courts within their jurisdiction. Therefore, this restrictive option is incorrect.

  3. C

    Only 2

    Only 2. This choice states that only the second statement is correct and the first is not. Such a claim ignores the fundamental constitutional provision under Article 32 that vests the Supreme Court with the direct authority to issue writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari for enforcing Fundamental Rights. Thus, this option is incorrect.

  4. D

    Neither 1 nor 2

    Neither 1 nor 2. This option wrongly claims that both statements are legally flawed and incorrect. Both statements are accurate reflections of constitutional provisions found in Articles 32 and 139 regarding judicial powers and parliamentary authority. Hence, rejecting both is entirely wrong.

Summary. Official key is (a) both 1 and 2. Statement 1 correctly highlights the Supreme Court's power under Article 32 to issue writs for the enforcement of Fundamental Rights. Statement 2 accurately reflects Article 139, which grants Parliament the authority to empower other courts to exercise similar writ jurisdictions. Aspirants often confuse the exclusive nature of Supreme Court jurisdiction with Parliament's constitutional leeway to expand such powers. Thus, both statements are factually and legally sound, making option (a) the correct choice.