Polity
2022
Fundamental Rights
Supreme Court
High Courts

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?

A.1 and 2 only
D.1, 2 and 3
B.2 and 3 only
C.1 and 3 only

Correct Answer: Option C

This question tests your understanding of the writs of Mandamus and Quo Warranto issued by Indian courts.

Statement 1: A writ of Mandamus directs a public official, body, corporation, inferior court, tribunal, or government to perform a public or statutory duty. Mandamus generally does not lie against a private organization unless it is performing a public duty. Statement 1 is correct.

Statement 2: While Mandamus is typically directed towards public bodies, it can be issued against a company, including a Government Company, especially if it is failing to perform a public duty. Statement 2 is incorrect.

Statement 3: Quo Warranto means 'by what authority or warrant'. It questions the legality of a person's claim to a public office. Any public-minded person can petition the court for a writ of Quo Warranto, even if they are not personally aggrieved. Statement 3 is correct.

Hence, only statements 1 and 3 are correct.