Civil Services Prep

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?

  1. 1 and 2 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3

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.

  1. Mr. X, a senior officer, was overseeing a critical vaccination programme during a pandemic. He found that a…
  2. Ms. X is a mid-level civil service official working in the urban development department of a major city.…
  3. X' was addressing a seminar on the meaning of the term 'law' as provided under Article 13, Part III of the…
  4. Consider the following statements with reference to the Constitution of India : 1. There is no Article in the…
  5. Consider the following statements about the provisions pertaining to the Scheduled Castes and the Scheduled…
  6. Consider the following statements in respect of questions asked by the Members in the Parliament of India : 1.…