Here is Question No. 18 a part of our series on UPSC Prelims 2022.
Q18. With reference to the writs issued by the Courts in India, consider the following statements:
- Mandamus will not lie against a private organization unless it is entrusted with a public duty.
- Mandamus will not lie against a Company even though it may be a Government Company.
- 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
d) 1, 2 and 3
Answer – C
- Statement 1 is Correct: The term “mandamus” means ‘we command’. It is generally a command that is issued by the court to a public servant asking him to perform his duties, which he has failed to do so. The writ of mandamus cannot be granted against a private individual or organization.
- Statement 2 is Incorrect: The writ of mandamus can also be issued against a corporation, inferior court, or government body for failing to perform their duties in official committees.
- Statement 3 is correct: The term quo- warranto means ‘by what authority or by what warrant’. It is generally issued by a court to enquire about the legality or under what authority is he holding that office. It prevents the illegal holding of a public office by any person
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