Scope and applicability of writs like Mandamus and Quo Warranto
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.
Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
- 2.
Mandamus will not lie against a Company even though it may be a Government Company.
- 3.
Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Options
1 and 2 only
2 and 3 only
1 and 3 only
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.
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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