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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

Correct Answer

(c)

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.

Microtheme: Writs —
2 questions asked in Prelims in the past.

  1. [2024] A Writ of Prohibition is an order issued by the Supreme Court or High Courts to:

    • (a) A government officer prohibiting him from taking a particular action.
    • (b) The Parliament/Legislative Assembly to pass a law on Prohibition.
    • (c) The lower court prohibiting continuation of proceedings in a case.*
    • (d) The Government prohibiting it from following an unconstitutional policy.
    Correct Answer: (C) The lower court prohibiting continuation of proceedings in a case.*
  2. [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
    Correct Answer: (C) 1 and 3 only