With reference to the writs issued by the Courts in India consider the following statements 1 Mandam...........

Indian Polity Fundamental Rights

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

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.

Which of the statements given above are correct ?

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UPSC CSP Previous Year Paper (2022)

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1 and 2 only

2 and 3 only

1 and 3 only

1, 2 and 3

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Explanation:

Mandamus literally means ‘we command’. It is a command issued by the court to a public official asking him to perform the official duties that he has failed or refused to perform.

Statement 2 is not correct: It can also be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose.

Statement 1 is correct: The writ of mandamus cannot be issued:

- against a private individual or body.

- to enforce departmental instruction that does not possess statutory force.

- when the duty is discretionary and not mandatory to enforce a contractual obligation.

- against the president of India or the state governors.

- against the chief justice of a high court acting in a judicial capacity

Statement 3 is correct: Quo Warranto means ‘by what authority or warrant’. It is issued by the court to enquire into the legality of the claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person.

The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office. Any interested person and not necessarily the aggrieved person can seek Quo Warranto writ.