With reference to the writs issued by the Courts in India, consider the following statements:Mandamu

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UPSC Prelims is a competitive examination conducted in India. This question is from the 2022 UPSC Prelims Indian Polity & Governance paper.

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To prepare for UPSC Prelims Indian Polity & Governance, practice previous year questions (PYQs), understand concepts thoroughly, and solve mock tests regularly. This 2022 question covers Fundamental Rights – Articles 12 to 35 topic.

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This UPSC Prelims 2022 Indian Polity & Governance question has a easy difficulty level and is marked as an important question.

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Question

With reference to the writs issued by the Courts in India, consider the following statements:Mandamus will not lie against a private organisation unless it is entrusted with a public duty.Mandamus will not lie against a Company even though it may be a Government Company.Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.Which of the statements given above are correct?

Accepted Answer

Correct Answer: C — 1 and 3 onlyStep-by-step Solution:Statement 1 — Mandamus does not lie against private organisations unless entrusted with public duty: This is correct. The writ of Mandamus (meaning 'we command') is issued to public officials, public bodies, corporations, inferior courts, or the government directing them to perform their official mandatory duties. It CANNOT be issued against: (a) a private individual or private organisation (unless that private body is entrusted with a public duty or public function); (b) the President or Governors; (c) the Chief Justice of a High Court acting in a judicial capacity. So if a private organisation is performing a public duty (e.g., a private educational institution performing statutory admission functions), mandamus may lie. ✓Statement 2 — Mandamus will not lie against a Government Company: This is incorrect. Mandamus CAN be issued against a Government Company if it is performing a public function or statutory duty. Courts have consistently held that government companies (like PSUs), performing public duties, are amenable to the writ of mandamus. The writ is not restricted to purely governmental bodies. ✗Statement 3 — Any public-minded person can petition for Quo Warranto: This is correct. The writ of Quo Warranto (meaning 'by what authority') enquires into the legality of a person's claim to a public office. Unlike most other writs which require the petitioner to be an 'aggrieved person,' any interested person — not necessarily the aggrieved person — can seek Quo Warranto writ. A public-spirited citizen can approach the court to challenge the illegitimate occupation of a public office. ✓Why other options are incorrect:Options A, B, and D: Incorrect because statement 2 is factually wrong.Key Concept: Five Constitutional writs: (1) Habeas Corpus — 'you may have the body'; unlawful detention; (2) Mandamus — 'we command'; to perform public duty; (3) Prohibition — 'forbid'; issued to lower courts to stop excess jurisdiction; (4) Certiorari — 'to be certified'; to quash orders of lower courts; (5) Quo Warranto — 'by what authority'; to challenge public office. Quo Warranto is unique: any interested person can file (not just aggrieved party); issued only against substantive public offices created by statute/Constitution; not for ministerial or private offices.

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More Questions from Fundamental Rights – Articles 12 to 35

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More Questions from Fundamental Rights – Articles 12 to 35

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