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More than 10000 MCQs

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Monday 15 August 2022

Writ Petition (25 MCQ with Answer)

1. Which of the following writs is said to be a guarantor of personal freedom?

(a) Mandamus

(b) Habeas Corpus

(c) Quo warranto

(d) Certiorari

2. Which of the following writs can be used against a person believed to be holding a public office to which he is not entitled to?

(a) Habeas Corpus

(b) Mandamus

(c) Prohibition

(d) Quo warranto

3. The power to issue writs by the Supreme Court has been envisaged under which of the following articles?

(a) Article 226

(b) Article 32

(c) Article 31

(d) Article 25

4. Which of the following writs can been issued to force a public authority to     perform a public or statutory duty?

(a) Prohibition

(b) Quo warranto

(c) Mandamus

(d) Habeas Corpus

5. Match the names of writs in list I with their meanings in list II.

Name of the writ                Meaning of the writ

List I                                       List II

1. Habeas Corpus             A. To command

2. Mandamus                    B. By what warrant

3. Certiorari                      C. You should have the body

4. Quo Warranto              D. To inform

(a) 1-B; 2-D; 3-A; 4-C

(b) 1-B; 2-A; 3-D; 4-C

(c) 1-C; 2-D;3-A; 4-B

(d) 1-C;2-A; 3-D; 4-B

Q6. The chairman and the members of the State Civil Service Commission are appointed by which of the following?

(a) President

(b) Governor

(c) Chief Justice Of India

(d) Chief Justice of High Court

Q7. What is the age of retirement of member of a Union Public Service Commission?

(a) 65 yr

(b) 64 yr

(c) 63 yr

(d) 62 yr

Q8. Who can remove the services of a member of Union Public Service Commission?

(a) President

(b) Governor of the state

(c) Parliament

(d) Law Minister

Q9. Which of the following statement is incorrect?

(a) The age retirement of a member of state public service commission is 65 years.

(b) Only lower house of the Indian parliament has the right to start an all India service.

(c) The term of a member of a public service commission is 6 yr.

(d) The chairman of the state service commission is eligible for appointment as the chairman or member of the Union Public Service Commission.

Q 10. Which of the following statement is incorrect (in terms of functions of the public service commission)?

1. To conduct examinations for the appointment  to the services of the state & union

2. To advice on any matter so referred to them and on any other matter which the president or the governor of a state may refer to the appropriate commission.

3. To give directions to the home ministry regarding the appointment of the candidates.

(a) 1, 2

(b) 2, 3

(c) Only 3

(d) Only 2

Question

Answer

1

b

2

d

3

b

4

b

5

d

6

b

7

a

8

a

9

a

10

c

  1. Which of the following writs is considered as the bulwark of personal freedom?
     

(a) Mandamus

(b) Habeas Corpus

(c)  Certiorari

(d) Quo Warranto

  1. Which of the following Articles of the Constitution relates to the issuance of writs?

(a) Article 32

(b) Article 139

(c) Both (a) and (b)

(d) None of the above

  1. Writ of mandamus relates to:

(a) performance of a legal duty by any public authority

(b) quashing of an order passed without jurisdiction

(c) inquiring into the authority by which a public office is being held

(d) preventing an inferior court from acting without jurisdiction

  1. Which of the following Articles of the Constitution allows issuance of writs for enforcing rights other than fundamental rights?

(a) Article 32

(b) Article 226

(c) Article 139

(d) None of the above

  1. How many kinds of writs have been recognized under the Indian Constitution?

(a) 4

(b) 5

(c) 6

(d) 7

  1. X is aggrieved by an order passed by District court, New Delhi without having jurisdiction. Which of the following writs is the proper remedy available to X:

(a) mandamus

(b) prohibition

(c) quo warranto

(d) certiorari

7.’A’ is being illegally detained by the police authorities. Which of the following writs can A’s wife seek from the court to secure his release?

(a) Habeas Corpus

(b) Mandamus

(c) Prohibition

(d) Certiorari

  1. It is a general rule that a person cannot seek issuance of a writ in the event that an alternative remedy is available?

(a) True

(b) False

(c) True, subject to certain exceptions

(d) Depends on the discretion of the court

  1. Writs can be sought for the enforcement of:

(a) fundamental rights

(b) contractual rights

(c) statutory rights

(d) None of the above

  1. A writ of certiorari can be issued to prevent an inferior court from proceeding further with a case due to lack of jurisdiction.

(a) True

(b) False

(c) Can’t say

(d) False, a writ of mandamus can be issued.   

Answer Key with explanations      

Question 1 – Option (b) is the correct answer.

Explanation – The writ of habeas corpus is issued to prevent the illegal detention of a person and to secure his/her release in such case, therefore, habeas corpus protects the “personal freedom” of a person.

Question 2 – Option (c) is the correct answer.

Explanation – Article 32 gives the power to issue writs to the Supreme Court and Article 139 allows Parliament to make law for the issuance of writs hence the correct answer is both (a) and (b).

Question 3 – Option (a) is the correct answer.

Explanation – Writ of mandamus relates to the performance of a legal duty by any public authority.

Question 4 – Option (c) is the correct answer.

Explanation – Article 139 of the Constitution allows the Indian Parliament to make law for conferring on the Supreme Court, the power to issue writs for enforcement of rights other than fundamental rights.

Question 5 – Option (b) is the correct answer.

Explanation – The Indian Constitution recognizes 5 kinds of writs namely, habeas corpus, mandamus, certiorari, quo warranto and prohibition.

Question 6 – Option (d) is the correct answer.

Explanation – X can seek a writ of certiorari to get the concerned order quashed by the High Court/Supreme Court.

Question 7 – Option (a) is the correct answer.

Explanation – A’s wife can seek a writ of habeas corpus to secure A’s release.

Question 8 – Option (c) is the correct answer.

Explanation – The general rule that writ cannot be issued in case of existence of an alternate remedy is subject to certain exceptions such as violation of principles of natural justice.

Question 9 – Option (a) is the correct answer.

Explanation – Writs can be sought only for the enforcement of fundamental rights. The remedy provided by concerned statute shall have to be availed for enforcement of contractual and statutory rights.

Question 10 – Option (b) is the correct answer.

Explanation – The given statement is false as a writ of prohibition is issued to prevent an inferior court from proceeding further with a case due to lack of jurisdiction while the writ of certiorari is issued to quash an order passed without jurisdiction.

1. Match the following:

Type of WritMeaning
1. Habeas CorpusA. we command
2. CertiorariB. you may have the body
3. Quo-WarrantoC. to be certified
4. MandamusD. what is your authority

  • a) 1-A, 2-B, 3-C, 4-D
  • b) 1-B, 2-A, 3-D, 4-C
  • c) 1-B, 2-C, 3-D, 4-A
  • d) 1-D, 2-A, 3-C, 4-B

Correct Answer: (c)

2. Which writ is issued by a High Court or the Supreme Court to compel an authority to perform a function that it was not performing?

  • a) Writ of Mandamus
  • b) Writ of Habeas Corpus
  • c) Writ of Certiorari
  • d) Writ of Quo Warranto

Correct Answer: (a)

3. Which of the following writs can be issued against administrative authorities?

  • a) Prohibition, Certiorari and Mandamus
  • b) Certiorari and Mandamus
  • c) Prohibition and Mandamus
  • d) Prohibition and Certiorari

Correct Answer: (b)

4. Which of the following writ is said to be a guarantor of personal freedom?

  • a) Mandamus
  • b) Habeas Corpus
  • c) Quo Warranto
  • d) Prohibition

Correct Answer: (b)

5. The power to issue writs has been envisaged under the provisions of which of the following fundamental rights?

  • a) Right to Freedom
  • b) Right to Equality
  • c) Right to Constitutional Remedies
  • d) Right against Exploitation

Correct Answer: (c)

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