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Constitutional Writs: Articles 32 and 226 Explained — MCQs with Answers

Test what you know about Constitutional Writs: Articles 32 and 226 Explained with 10 UPSC Prelims-style questions. Try each one first, then tap “Show answer” for the correct option and its explanation.

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  • 10 practice questions
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  1. Q1. Consider the following statements: 1. A statutory public-law right may be enforceable under Article 226 even when no Part III violation is established. 2. Article 32 becomes available for every statutory grievance once the respondent is a government authority. 3. Article 226 has broader subject-matter scope than Article 32 without altering the judicial hierarchy. Which of the statements given above are correct?

    1. 1 and 2 only
    2. 2 and 3 only
    3. 1, 2 and 3
    4. 1 and 3 only
    Show answer

    Correct answer: (D) 1 and 3 only

    Explanation

    Correct Answer: (D). Statements 1 and 3 are correct. Article 226 extends beyond Part III to other legal purposes in appropriate cases. Article 32 remains tied to enforcement of fundamental rights; the respondent’s governmental identity does not transform every statutory grievance into such a claim. Scope of a provision is distinct from judicial hierarchy.

  2. Q2. An authority headquartered in State X issues an order whose material cause of action partly arises in State Y. Which conclusion regarding Article 226(2) is most appropriate?

    1. Only the High Court in State X can act because the authority sits there
    2. The High Court in State Y may act despite the authority being headquartered outside Y
    3. Any High Court may act because the authority operates across States
    4. The High Court in Y acquires jurisdiction only after the authority transfers its headquarters
    Show answer

    Correct answer: (B) The High Court in State Y may act despite the authority being headquartered outside Y

    Explanation

    Correct Answer: (B). Article 226(2) permits jurisdiction where the cause of action arises wholly or partly, notwithstanding the authority’s location elsewhere. State Y therefore has a relevant territorial connection on the given facts. This does not authorise every High Court to act, and neither relocation of headquarters nor nationwide operations is the controlling test.

  3. Q3. A private employer unlawfully confines a worker, who cannot personally approach a court. Which proposition best reflects the function of habeas corpus?

    1. An appropriate person may seek scrutiny of the detention on the worker’s behalf
    2. The remedy requires the detainer to be a public official
    3. The worker must personally file before the legality of confinement can be examined
    4. The court must first determine the worker’s guilt at a criminal trial
    Show answer

    Correct answer: (A) An appropriate person may seek scrutiny of the detention on the worker’s behalf

    Explanation

    Correct Answer: (A). Habeas corpus addresses unlawful confinement, including confinement by private persons. An appropriate representative can approach the court for someone unable to do so. The immediate issue is the legal authority for detention, not a prior criminal determination of guilt. Representation makes the protection usable rather than defeated by confinement itself.

  4. Q4. A statute requires an authority to consider licence applications but permits refusal on specified grounds. The authority refuses to examine an otherwise valid application. Which relief most closely matches mandamus without assuming the applicant’s substantive entitlement?

    1. Grant the licence because administrative silence establishes eligibility
    2. Transfer the power to grant every future licence to the court
    3. Direct lawful consideration while leaving the authorised decision to the authority
    4. Invalidate the statutory refusal grounds merely because consideration was delayed
    Show answer

    Correct answer: (C) Direct lawful consideration while leaving the authorised decision to the authority

    Explanation

    Correct Answer: (C). The established breach is failure to perform the duty of consideration. Mandamus can require the authority to exercise its lawful power; it need not substitute a favourable outcome where the statute permits a reasoned refusal. Neither silence nor delay proves eligibility, and the scenario supplies no ground to invalidate the statutory criteria.

  5. Q5. Consider the following situations involving a private body: 1. Failure to discharge a public duty owed to the affected person. 2. A purely private contractual dispute unrelated to any public duty. In which situation does private status, by itself, not exclude mandamus under Article 226?

    1. 2 only
    2. 1 only
    3. Both 1 and 2 on the same basis
    4. Neither 1 nor 2 because private ownership is decisive
    Show answer

    Correct answer: (B) 1 only

    Explanation

    Correct Answer: (B). Mandamus follows the public duty connected with the challenged conduct. Private ownership alone therefore does not defeat situation 1. Situation 2 lacks the public-law connection needed for this remedy. A body’s occasional public activities do not convert every separate private contract into a public duty enforceable through a writ.

  6. Q6. Consider the following pairs: 1. Prohibition — stopping an ongoing tribunal proceeding beyond its jurisdiction. 2. Certiorari — quashing an unlawful tribunal determination on recognised review grounds. 3. Quo warranto — requiring a licensing authority to decide an application it has ignored. How many pairs are correctly matched?

    1. Only two
    2. Only one
    3. All three
    4. None
    Show answer

    Correct answer: (A) Only two

    Explanation

    Correct Answer: (A). Pairs 1 and 2 correctly distinguish preventive and corrective functions. Pair 3 describes enforcement of a public duty, ordinarily associated with mandamus, rather than legal title to public office. Quo warranto examines authority to occupy an office; it does not supply the ordinary remedy for refusal to decide a licence application.

  7. Q7. A tribunal has jurisdiction, follows a fair procedure and reaches a supported factual conclusion. A disappointed party seeks certiorari solely because another view of the evidence is possible. Which is the strongest objection to that request?

    1. Certiorari applies only before any final order exists
    2. Natural justice requires courts to adopt the petitioner’s view of evidence
    3. Every tribunal decision is constitutionally immune from review
    4. Certiorari is legality review, not a routine appeal for fresh weighing of evidence
    Show answer

    Correct answer: (D) Certiorari is legality review, not a routine appeal for fresh weighing of evidence

    Explanation

    Correct Answer: (D). A merely possible alternative factual view does not establish a recognised certiorari ground. The writ controls legality rather than functioning as an ordinary merits appeal. Tribunal decisions are not immune from review, and final orders may be quashed when proper grounds exist; neither proposition changes the insufficiency of the stated grievance.

  8. Q8. Two objections are raised against an appointment to a substantive statutory public office: 1. The appointee lacks a mandatory qualification prescribed by law. 2. Another candidate is considered more suitable, although the appointment otherwise complies with law. Which objection supports quo warranto on the facts stated?

    1. 2 only
    2. Both 1 and 2
    3. 1 only
    4. Neither 1 nor 2
    Show answer

    Correct answer: (C) 1 only

    Explanation

    Correct Answer: (C). Quo warranto tests lawful authority to hold a public office. Missing a mandatory qualification is an eligibility defect supporting objection 1. Comparative suitability alone does not establish unlawful occupation when legal requirements are met. The remedy is not an invitation to replace the appointing authority’s lawful assessment of competing eligible candidates.

  9. Q9. Statement-I: An effective statutory appeal ordinarily weighs against immediate exercise of Article 226 jurisdiction. Statement-II: The alternative-remedy principle guides judicial discretion while preserving exceptions for specified serious legal defects. Which of the following is correct?

    1. Both statements are correct and II explains I
    2. Both statements are correct but II does not explain I
    3. I is correct but II is incorrect
    4. I is incorrect but II is correct
    Show answer

    Correct answer: (A) Both statements are correct and II explains I

    Explanation

    Correct Answer: (A). The ordinary preference for an effective statutory route follows from judicial self-restraint in exercising Article 226 power. Statement II explains that preference without treating the alternative remedy as removal of constitutional jurisdiction. Exceptions include natural-justice violations, fundamental-right enforcement, wholly unauthorised proceedings and challenges to legislative validity; they require examination on the facts.

  10. Q10. Consider the following statements: 1. A bona fide quo warranto challenger need not claim personal entitlement to the public office. 2. A petitioner’s residence in a State alone establishes Article 226(2) jurisdiction even without any relevant cause of action there. 3. Quashing an order for denial of a required hearing necessarily establishes entitlement to the substantive benefit claimed. Which of the statements given above is/are correct?

    1. 1 and 2 only
    2. 1 only
    3. 2 and 3 only
    4. 1, 2 and 3
    Show answer

    Correct answer: (B) 1 only

    Explanation

    Correct Answer: (B). Statement 1 reflects the public character of quo warranto. Statement 2 substitutes residence for the required relevant territorial connection under Article 226(2). Statement 3 confuses procedural invalidity with substantive entitlement: a court may quash the order and require lawful reconsideration without directing that the underlying benefit must be granted.

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