Consider the following statement: 1. Reasonable restriction may be imposed to promote efficiency and prevent maladministration with regard to the fundamental rights of minorities in educational matters. 2. The writ of Mandamus is available to both against Judicial and administration authorities. 3. Martial law has not been defined anywhere in the constitution. Select the correct answer using the code given below.
Consider the following statement: 1. Reasonable restriction may be imposed to promote efficiency and prevent maladministration with regard to the fundamental rights of minorities in educational matters. 2. The writ of Mandamus is available to both against Judicial and administration authorities. 3. Martial law has not been defined anywhere in the constitution. Select the correct answer using the code given below. Correct Answer 1, 2 and 3
The correct answer is option 4, i.e. 1, 2 and 3.
- Article 30 of the constitution provides the right of minorities to establish and administer educational institutions.
- The protection under Article 30 is only for religious and linguistic minorities.
- The minority has not been defined anywhere in the constitution.
- The right to establish and administer educational institutions is not absolute and does not include the right to maladminister.
- There can be regulatory measures for ensuring character and standards for academics excellence.
- There can be checks on administration, reasonable restriction for the welfare of the students and teachers and regulation to prevent exploitations.
- Hence statement 1 is correct.
- Article 32 and Article 226 empower the Supreme Court and High Courts to issue certain writs.
- These are Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-warranto.
- Parliament can empower any other court to issue these writs.
- Mandamus stands for ‘we command’.
- It is a command issued by a court to a public official asking him to perform official duties that he has failed or refused to perform.
- It can be issued against any public body, inferior court, corporation, tribunal or government etc. Hence statement 2 is correct.
- Article 34 provides for the restriction on fundamental rights while the martial law is in force with the territory of India.
- The Parliament can indemnify any government servant or any other person for an act done by him in connection with the maintenance of order in any area under the martial law.
- The act of indemnity by the Parliament cannot be challenged in any court on the ground of abrogating the fundamental rights.
- It is borrowed from the English Common Law.
- Martial law has not to be defined anywhere in the constitution. Hence statement 3 is correct.
- It refers to a situation where military authorities run the civil administration.
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Feb 20, 2025