With reference to the writs issued by the Courts in India, consider the following statements

2022

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

(d)

1, 2 and 3

Answer:

(c)

Factual

Core Books/NCERT

Explanation

Statement 1 is right and Statement 2 is wrong Mandamus literally means “Command”. It is thus an order of a superior court commanding a person holding a public office or a public authority. Statement 3 is correct Quo Warranto is a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised. Any public minded person can file this petition.