CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws
An authority passed an order against an employee without giving any hearing, and the order is attacked on the ground of violation of natural justice. The employee approaches the High Court under Article 226. Which statement is correct?
The High Court can quash the order by certiorari because Article 226 allows writs for enforcing fundamental rights and also for any other purpose. It is wider than the Supreme Court's Article 32 power, which is limited to fundamental rights.
- AThe High Court can issue certiorari to quash the order, and Article 226 power is available even for rights other than fundamental rightsCorrect
- BThe High Court can act only if a fundamental right is infringed, as Article 226 is confined to Part III
- COnly the Supreme Court can issue writs against such an order
- DThe High Court can only recommend that the authority reconsider, as it cannot quash orders
Explanation
Article 226 empowers High Courts to issue writs for enforcing fundamental rights and for any other purpose, which includes legal rights. Breach of natural justice makes the order liable to be quashed by certiorari. The Supreme Court's Article 32 power is limited to fundamental rights, which is the contrast the wrong options blur.
Did you get it right without looking?
One question tells you little. A timed set on Administrative Laws shows your real accuracy, how long you take and where you lose marks.
More Administrative Laws questions
- A municipal commissioner has power to grant or refuse a trade licence 'as he thinks fit'. He refuses an application only because he dislikes…
- A government hospital doctor employed by a State negligently performs a surgery in the ordinary course of duty, and the patient suffers harm…
- A State government officer is holding a public office without satisfying the legal qualifications prescribed for it. A citizen wants the Hig…
- Under the Administrative Tribunals Act, 1985, a State Administrative Tribunal can be established by the Central Government:
- A Ministry framed a rule under an Act. The rule imposes a tax on a class of goods, although the parent Act contains no provision empowering …
- Ravi's brother is held by the police for five days without being produced before a magistrate and without any legal order. Which remedy is d…