All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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82.

A certain locality lacks a proper drainage system for discharge of water, as a result of which, dirty water from houses and rainwater was accumulating in its lanes. Growth of moss and insects in the area increased the possibility of an epidemic. In light of the principle below, what remedies are available to the residents ?


Principle :

Articles 32 and 226 of the Constitution empower the Supreme Court as well as the High Courts to issue writs, directions, or orders.
A: Only a criminal case may be filed against the municipal authorities.
B: Only a civil suit may be filed against the municipal authorities.
C: Only a tortious action may be filed against the municipal authorities.
D: The residents may seek redress in either the High Court or the Supreme Court under writ jurisdiction of those courts.
E: The residents have no remedy.

The answer is: D

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Explanation

The correct option is D: The residents may seek redress in either the High Court or the Supreme Court under the writ jurisdiction of those courts.

Explanation:

The principle mentioned in the question states that Articles 32 and 226 of the Constitution empower the Supreme Court as well as the High Courts to issue writs, directions, or orders. This principle deals with the power of the judiciary to provide remedies in cases where fundamental rights or legal rights are violated.

In the given scenario, the locality is facing a problem due to the lack of a proper drainage system, which has resulted in the accumulation of dirty water and the growth of moss and insects, increasing the risk of an epidemic. These issues could potentially infringe on the residents' right to a clean and healthy environment, which is a fundamental right in many legal systems.

Given the principle mentioned, the residents can approach either the High Court or the Supreme Court under their writ jurisdiction to seek remedies for this situation. The courts can issue writs, directions, or orders to the municipal authorities to take appropriate actions to address the drainage problem and ensure the residents' rights are protected.

Therefore, option D is the correct choice, and the residents do have a legal remedy available to them through the courts.