Prelims 2022 · Polity and Constitution · Question 18
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?
Answer
1 and 3 only
1. Correct. A writ of mandamus can issue against a private body only when it is performing or entrusted with a public duty/public function. Purely private bodies are generally outside its scope.
2. Incorrect. Mandamus can lie against a Government company or other authority/company if it has a public/statutory duty to perform. So the blanket statement that it will not lie against a company is wrong.
3. Correct. In quo warranto, any public-spirited person can challenge a person’s claim to a public office; strict personal locus standi is not required.
Hence, statements 1 and 3 only are correct.