Article 12 of the Constitution defines ‘’State’’ for the purpose of enforcement of fundamental rights.Against which of the following institutions writs cannot be issued for the enforcement of fundamental rights____________________________.
A High Court
B Income Tax Tribunal
C Delhi Municipal Corporation
D Port Trust
Answer
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Hint:
The term State has been used in a broad concept for the purpose of the provisions of the Fundamental Rights of the Indian Citizens. Article 12 of the Constitution defines the term “State” in order to give clarity.
Complete answer:
The writ petition is an order from a higher court to a lower court or courts that order them to act or stop them from carrying out an action.
A writ petition could be filed by anyone whose Fundamental Rights have been infringed by the state.
Fundamental rights are dealt with in Part III of the Indian Constitution. In so far as fundamental human rights provide for the welfare of people, sets of rights in relation to speech, expression, religion, against exploitation, exploitation, education, language, culture and constitutional remedies. The term “State” is used in a broader sense to include all those agencies whose acts could be challenged by the Supreme Court if they infringe any of these fundamental rights.
According to Article 12, since the High Court, though functioning judicially, i.e. not really in an administrative capacity, cannot infringe fundamental human rights, a writ cannot be issued against the High Court, since it is not a "State" for that reason.
Therefore, the correct answer is A
Note:
The authority of the High Court to grant a writ is far broader than that of the Supreme Court. The High Court may grant a writ for the protection of fundamental rights or for any other reason, such as infringement of any statutory authority. If a constitutional right has been infringed, either the Supreme Court or the High Court will have recourse to it.
The term State has been used in a broad concept for the purpose of the provisions of the Fundamental Rights of the Indian Citizens. Article 12 of the Constitution defines the term “State” in order to give clarity.
Complete answer:
The writ petition is an order from a higher court to a lower court or courts that order them to act or stop them from carrying out an action.
A writ petition could be filed by anyone whose Fundamental Rights have been infringed by the state.
Fundamental rights are dealt with in Part III of the Indian Constitution. In so far as fundamental human rights provide for the welfare of people, sets of rights in relation to speech, expression, religion, against exploitation, exploitation, education, language, culture and constitutional remedies. The term “State” is used in a broader sense to include all those agencies whose acts could be challenged by the Supreme Court if they infringe any of these fundamental rights.
According to Article 12, since the High Court, though functioning judicially, i.e. not really in an administrative capacity, cannot infringe fundamental human rights, a writ cannot be issued against the High Court, since it is not a "State" for that reason.
Therefore, the correct answer is A
Note:
The authority of the High Court to grant a writ is far broader than that of the Supreme Court. The High Court may grant a writ for the protection of fundamental rights or for any other reason, such as infringement of any statutory authority. If a constitutional right has been infringed, either the Supreme Court or the High Court will have recourse to it.
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