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
- (b) 2 and 3 only
- (c) 1 and 3 only ✓ UPSC's answer
- (d) 1, 2 and 3
Why the answer is (c)
• Mandamus ('we command') directs a public authority to perform a public or statutory duty it has failed to perform.
• Statement 1 is correct: it does not lie against a private individual or body unless that body is entrusted with a public duty.
• Statement 2 is wrong: mandamus can lie against a Government company or public-sector undertaking because such bodies are 'State' under Article 12 and perform public functions.
• Statement 3 is correct: quo warranto, which questions a person's right to hold a public office, can be sought by any public-spirited person; the petitioner need not be personally aggrieved.
• Hence 1 and 3 only, option (c).
Why the other options are wrong
- (a) 1 and 2 only
- Statement 2 is wrong: mandamus does lie against Government companies.
- (b) 2 and 3 only
- Statement 2 is wrong; statement 1 is correct.
- (d) 1, 2 and 3
- Statement 2 is wrong, so all three cannot be correct.
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.