OPSC OCS 2022 · Question 53 of 98
Indian Polity
Article 12 is related to fundamental rights and one can directly reach the court in case of its violation, whereas, article 36 is related to the directive principles of the state policy. Article 13 prevents the passing of laws which "take away or abridge" the Fundamental Rights provisions. Article 368 does not contain a power to amend the constitution but only a procedure. The power to amend comes from the normal legislative power of Parliament. Article 22 deals with the protection against arrest and detention in certain cases. This article is applicable to both citizens and non-citizens. This provision extends certain procedural safeguards for individuals in case of an arrest. The idea behind this right is to prevent arbitrary arrests and detention. Article 32, Constitution of India 1950 The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. Article 141 provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India. The law declared has to be construed as a principle of law that emanates from a judgment, or an interpretation of law or judgment by the Supreme Court, upon which, the case is decided. According to the Article 214 every State has a High Court operating within its territorial jurisdiction. Parliament has the power to establish a common High Court for two or more States. LAKSHMIKANT
Source: OPSC OCS (2022) Preliminary GS Paper-I; answers per Apti Plus Academy compilation (to be verified against official OPSC key)
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