The question (10 marks)
A young man is taken into police custody for questioning and dies there of injuries. His mother, who cannot afford a lawyer, writes to the Supreme Court. The State objects that she has no standing, that a letter is not a petition, that the Court cannot award money under Article 32, and that the State is in any case immune. Answer each objection with reference to S.P. Gupta, Rudul Sah, Nilabati Behera and D.K. Basu, and state the relief the Court would grant.
MU-pattern problem on Article 32; built on the Unit 3 Article 32 chapter and the S.P. Gupta, Nilabati Behera and D.K. Basu readings.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Fundamental Rights II: Exploitation, Religion, Minorities, Remedies and Savings of Constitutional Law – I.
Authorities you will need
- S.P. Gupta v Union of India (1981)
- Rudul Sah v State of Bihar (1983)
- Nilabati Behera v State of Orissa (1993)
- D.K. Basu v State of West Bengal (1997)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.