UPSC Prelims 2022 GS Paper I · Q18 / 97 Polity & Governance medium

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. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1 and 3 only
  4. (d) 1, 2 and 3 ✓ UPSC's answer

Why the answer is (d)

• Mandamus ('we command') directs a public authority to perform a public or statutory duty.

• Statement 1 is correct: it does not lie against a private body unless that body is entrusted with a public duty.

• Statement 2 is correct in the official key: the Supreme Court held in Praga Tools Corporation v. C.A. Imanual (1969) that mandamus does not lie against a company registered under the Companies Act to enforce private (e.g. contractual) duties, even if it is government-owned.

• Statement 3 is correct: quo warranto, which questions a person's right to hold a public office, can be sought by any public-minded person; the petitioner need not be personally aggrieved.

• Hence 1, 2 and 3, option (d) — the official UPSC answer.

Why the other options are wrong

(a) 1 and 2 only
Statement 3 is also correct: any public-minded person can seek quo warranto.
(b) 2 and 3 only
Statement 1 is also correct: mandamus does not lie against a private body without a public duty.
(c) 1 and 3 only
The official key treats statement 2 as correct as well (Praga Tools, 1969).

Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2022, held on 5 June 2022. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.

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