Indian polity miscellaneous
- 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?
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A writ of mandamus or mandamus (which means “we command” in Latin) is the name of one of the prerogative writs in the common law, and is “issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision.
Correct Option: C
A writ of mandamus or mandamus (which means “we command” in Latin) is the name of one of the prerogative writs in the common law, and is “issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision.
- What was the exact constitutional position of the Indian Republic when the Constitution was brought into force with effect from 26th January, 1950?
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The Constitution was enacted by the Constituent Assembly on 26 November, 1949, and came into effect on 26 January, 1950. As originally enacted the preamble described the state as a “sovereign democratic republic”. In 1976 the Forty-second Amendment changed this to read “sovereign socialist secular democratic republic”.
Correct Option: B
The Constitution was enacted by the Constituent Assembly on 26 November, 1949, and came into effect on 26 January, 1950. As originally enacted the preamble described the state as a “sovereign democratic republic”. In 1976 the Forty-second Amendment changed this to read “sovereign socialist secular democratic republic”.
- India is considered as a ‘Republic’ mainly because :
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A republic is a form of government in which the country is considered a “public matter” (Latin: res publica), not the private concern or property of the rulers, and where offices of states are subsequently directly or indirectly elected or appointed rather than inherited. In modern times, a common simplified definition of a republic is a government where the head of state is not a monarch. In modern republics such as the United States and India, the executive is legitimized both by a constitution and by popular suffrage. Montesquieu included both democracies, where all the people have a share in rule, and aristocracies or oligarchies, where only some of the people rule, as republican forms of government
Correct Option: A
A republic is a form of government in which the country is considered a “public matter” (Latin: res publica), not the private concern or property of the rulers, and where offices of states are subsequently directly or indirectly elected or appointed rather than inherited. In modern times, a common simplified definition of a republic is a government where the head of state is not a monarch. In modern republics such as the United States and India, the executive is legitimized both by a constitution and by popular suffrage. Montesquieu included both democracies, where all the people have a share in rule, and aristocracies or oligarchies, where only some of the people rule, as republican forms of government
- Which among the following writs comes into the category of public litigation petition before High Court or Supreme Court ?
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Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, but of late the Supreme Court has started entertaining matters in which interest of the public at large is involved and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. Such concept is popularly known as ‘Public Interest Litigation’ and several matters of public importance have become landmark cases. This concept is unique to the Supreme Court of India only and perhaps no other Court in the world has been exercising this extraordinary jurisdiction.
Correct Option: D
Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, but of late the Supreme Court has started entertaining matters in which interest of the public at large is involved and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. Such concept is popularly known as ‘Public Interest Litigation’ and several matters of public importance have become landmark cases. This concept is unique to the Supreme Court of India only and perhaps no other Court in the world has been exercising this extraordinary jurisdiction.
- The Constitution of India was framed by:
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The Constitution of India was framed by Constituent Assembly that was formed on 9 December 1946. It was formed following negotiations between Indian leaders and members of the 1946 Cabinet Mission to India. The Indian Constitution was adopted on 26 November 1949 and came into force on 26 January 1950.
Correct Option: B
The Constitution of India was framed by Constituent Assembly that was formed on 9 December 1946. It was formed following negotiations between Indian leaders and members of the 1946 Cabinet Mission to India. The Indian Constitution was adopted on 26 November 1949 and came into force on 26 January 1950.