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Which of the following statements about the Writ of Mandamus is/are correct ?
1. Mandamus lies against the Government.
2. Mandamus lies against inferior Courts and Tribunals.
3. Mandamus lies against individuals in cases where a public duty is imposed on them.
Select the correct answer using the code given below :
Explanation
The Writ of Mandamus (literally meaning "We Command") is a judicial remedy issued by the Supreme Court under Article 32 or High Courts under Article 226. It is an order to a public authority to perform a legal duty which it has failed or refused to perform.
- Statement 1 is correct: Mandamus can be issued against the Government to compel the performance of statutory or public duties.
- Statement 2 is correct: It lies against inferior courts and tribunals when they refuse to exercise their jurisdiction or fail to perform their judicial/quasi-judicial duties.
- Statement 3 is correct: While Mandamus generally does not lie against private individuals, it can be issued against an individual or a private body if they are entrusted with a public duty or if a statute imposes a public obligation upon them.
Since statements 1 and 2 are correct and the only option containing both is A, all three statements are correct in this context.
SIMILAR QUESTIONS
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?
Which of the following statements is/are correct ?, 1. In India the constitutional remedy under Article 32 is available only in case of fundamental rights, not in the case of rights which follow from some other provision in the Constitution. . 2. Both the Supreme Court and High Courts can issue the writs of habeas corpus, mandamus prohibition, certiorari and quo warranto only for the purpose of enforcement of . fundamental rights. Select the correct answer using the code given below :
Which of the following statements regarding writ of certiorari is/are correct? 1. There should be court, tribunal or an officer having legal authority to determine the questions of deciding funda- mental rights with a duty to act judicially. 2. Writ of certiorari is available during the tendency of pro- ceedings before a subordinate court. Select the correct answer using the code given below : Code :
Consider the following statements concerning the powers of the Supreme Court to issue certain writs to stop violation of Fundamental Rights -
(1) The Supreme Court has power to issue writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari which is appropriate for the enforcement of Fundamental Rights.
(2) Parliament may by law empower any other court to exercise within its jurisdiction the powers given to Supreme Court.
Which of the above mentioned statement/statements is/are correct?
Select the correct answer from the code given below -
Code -