
For the enforcement of Fundamental rights the Supreme Court may issue a/an
(A) decree
(B) ordinance
(C) notification
(D) writ
Answer
569.1k+ views
Hint:
The Supreme Court of the Apex court of the country can enforce the Fundamental rights by issuing certain orders and directions which are issued under Article 32. These orders are Quo-Warranto, Mandamus, Habeas Corpus, Certiorari, and, Prohibition
Complete step by step solution:
The orders or Directions issued by the Supreme Court to ensure that fundamental rights are given to all citizens is known as Writ. There are different kinds of Writs namely subpoenas, warrants and prerogative Writs. Writs were earlier used by Monarch who gave orders to other officials in the form of these writs. The pieces of evidence of their use have been found in Canada, Australia, and, United Kingdom. Their use can also be traced during the medieval English period where these were used by the Kings to issue orders for certain influential personalities to appear in the parliament so that they can advise on important matters. In India, the rights to issue Prerogative writ have been given to the High Courts of all the Indian States and the Supreme Court. The High Courts may issue writs under Article 226 while the Supreme court issues writs under Article 32 to enforce Fundamental rights and to enforce Rights other than Fundamental rights it issues writs under Article 139.
Hence, the correct answer is option D.
Note:
Under the writ of Prohibition the lower court is prohibited by the higher court to take up a case as it falls outside its jurisdiction and thus the case gets transferred to the higher court. Under a writ of Habeas Corpus, the detained person is given a trial, if the detention is found to be illegal the person is set free of all the charges.
The Supreme Court of the Apex court of the country can enforce the Fundamental rights by issuing certain orders and directions which are issued under Article 32. These orders are Quo-Warranto, Mandamus, Habeas Corpus, Certiorari, and, Prohibition
Complete step by step solution:
The orders or Directions issued by the Supreme Court to ensure that fundamental rights are given to all citizens is known as Writ. There are different kinds of Writs namely subpoenas, warrants and prerogative Writs. Writs were earlier used by Monarch who gave orders to other officials in the form of these writs. The pieces of evidence of their use have been found in Canada, Australia, and, United Kingdom. Their use can also be traced during the medieval English period where these were used by the Kings to issue orders for certain influential personalities to appear in the parliament so that they can advise on important matters. In India, the rights to issue Prerogative writ have been given to the High Courts of all the Indian States and the Supreme Court. The High Courts may issue writs under Article 226 while the Supreme court issues writs under Article 32 to enforce Fundamental rights and to enforce Rights other than Fundamental rights it issues writs under Article 139.
Hence, the correct answer is option D.
Note:
Under the writ of Prohibition the lower court is prohibited by the higher court to take up a case as it falls outside its jurisdiction and thus the case gets transferred to the higher court. Under a writ of Habeas Corpus, the detained person is given a trial, if the detention is found to be illegal the person is set free of all the charges.
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