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Q18·GS Paper 1 · Prelims 2022

Scope and applicability of writs like Mandamus and Quo Warranto

PolityJudiciary & Legal FrameworkStatement-basedHardStatic

Question

With reference to the writs issued by the Courts in India, consider the following statements: Which of the statements given above are correct?

  1. 1.

    Mandamus will not lie against a private organisation unless it is entrusted with a public duty.

  2. 2.

    Mandamus will not lie against a Company even though it may be a Government Company.

  3. 3.

    Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.

Options

a

1 and 2 only

b

2 and 3 only

c

1 and 3 only

Answer
d

1, 2 and 3

Explanation

Statement 1 is correct; Mandamus enforces public duties, so a private body is immune unless discharging a public function. Statement 2 is incorrect; a Government Company falls under the definition of "State" (Article 12) and performs public duties, so Mandamus will lie against it. Statement 3 is correct; Quo Warranto (challenging usurpation of a public office) is an exception to the locus standi rule, meaning any public-minded person can file it, not just the aggrieved party.

Unlike Certiorari or Prohibition, Quo Warranto does not require the petitioner's fundamental rights to be personally infringed.

Answer: (c).

Question details

Year

2022

Paper

GS Paper 1

Question

Q18

Subject

Polity

Sub-topic

Judiciary & Legal Framework

Type

Statement-based

Difficulty

Hard

Nature

Static

Source hint

Constitution Art.32 / Judicial Writs Jurisprudence

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