Question

Difficulty: MediumFundamental Rights, Directive Principles, and Fundamental Duties

Regarding the fundamental framework of constitutional remedies and Directive Principles under the Constitution of India, which of the following statements are correct?

  1. The Supreme Court can issue writs under Article 32 only for the enforcement of Fundamental Rights, whereas High Courts under Article 226 can issue writs for the enforcement of Fundamental Rights as well as for any other ordinary legal purpose.Answer
  2. B
    Directive Principles of State Policy under Part IV of the Constitution are directly enforceable by courts, and any individual can seek a writ of mandamus to compel their implementation.
  3. C
    The writ of Quo-Warranto can be issued against a private individual occupying a non-statutory private office to test the legality of their claim.
  4. Article 31C protects laws enacted to implement Directive Principles specified in Article 39(b) and Article 39(c) from being declared void on the ground of violating Fundamental Rights under Article 14 and Article 19.Answer

Answer

The correct statements are that the Supreme Court's writ jurisdiction under Article 32 is limited to Fundamental Rights while High Courts have wider jurisdiction under Article 226, and Article 31C protects laws implementing Article 39(b) and Article 39(c) from challenges under Articles 14 and 19.
The statement comparing writ jurisdictions is correct because Article 32 can be invoked solely for Fundamental Rights violations, whereas Article 226 grants High Courts authority to issue writs for both Fundamental Rights and other legal rights. The statement regarding Article 31C is also correct as it expressly immunizes legislation enacted for distributing material resources (Art 39b) and preventing concentration of wealth (Art 39c) against judicial invalidation under Article 14 (equality) and Article 19 (freedoms).

Step-by-Step Solution

1
Evaluate writ jurisdiction parameters of Supreme Court versus High Courts
Article 32 is itself a Fundamental Right to enforce Part III rights only. Article 226 allows High Courts to issue writs for both Fundamental Rights and any other legal rights.
Constitutional provisions under Article 32 and Article 226 establish different territorial and subject-matter scopes for writ jurisdiction.
2
Examine justiciability of Directive Principles of State Policy
Article 37 mandates that Directive Principles are fundamental in the governance of the country but are explicitly non-justiciable.
Courts cannot issue judicial writs like Mandamus to enforce non-justiciable provisions contained in Part IV.
3
Verify scope of Quo-Warranto and protection under Article 31C
Quo-Warranto applies strictly to public offices, while Article 31C shields specific economic DPSPs under Article 39(b) and 39(c) from Articles 14 and 19.
The 25th Constitutional Amendment introduced Article 31C to prioritize egalitarian economic policies over specified fundamental freedoms.

Key Concept

Writ Jurisdiction Scope (Art 32 vs 226) and Interrelationship between Fundamental Rights and Directive Principles
Estimated Time:1m 30s
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