Question

Consider the following statements and choose the correct code:
a. The Supreme court has the power to issue writs.
b. The Supreme court protects the basic structure of the constitution.
c. The High courts do not possess the power to issue writs.

A. a and b
B. a and c
C. b and c
D. a b and c

Answer 1

Hint: There are five writs. The names of these writs are- Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto. The Supreme court is the highest authority in the judicial structural makeup of India.

Complete answer: Writs are official written orders that are given by the Supreme Court or High Court. It guarantees constitutional remedies to Indian citizens if their rights are violated in any manner. Article 32 of the Indian Constitution has ‘right to constitutional remedies’. Any Indian citizen can approach the Supreme Court and High Court against the violation of their fundamental rights. Article 32 gives the Supreme Court the right to issue writs for the rightful enforcement of fundamental rights. The High Court has the same authority but it is placed under Article 226 of the Indian constitution.
The supreme court is vested with the power to protect the basic structure of the constitution.

Looking at the options given:
Option A- It is the correct answer because high courts can issue writs as stated under Article 226 of the Indian Constitution.

Option B- It is incorrect. The supreme court has the power to protect the basic structure of the constitution.

Option C- It is an incorrect answer since the supreme court has the right to issue writs.

Option D- It is an incorrect answer.

Option “A” is the correct answer.

Note: The basic structure doctrine came into being in the landmark judgment in Kesavananda Bharati vs State of Kerala case. This case is the longest in Indian history and took 47 years. This case was challenged under Article 26 of the Indian constitution.