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?

QUESTION

Medium

Indian Polity

Prelims 2022

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

Mandamus will not lie against a private organisation 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?

Select an option to attempt

Explanation

Statement 1 is correct: Mandamus is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose. It is usually not usable against a private entity unless it is entrusted with a public duty.

Statement 2 is incorrect: As explained above, Mandamus can be used against a government corporation and/or company.

Statement 3 is correct: Quo Warranto is issued by the court to inquire into the legality of the claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person.

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