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Which of the following best describes a remedy where a person can be commanded to perform some public duty which s/he has refused to perform ?
Explanation
The correct answer is Mandamus. Literally meaning "we command," Mandamus is a judicial remedy in the form of an order from a superior court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of a public duty.
- Prohibition: Issued to prevent a lower court or tribunal from exceeding its jurisdiction.
- Certiorari: Issued to quash the order of a lower court or to transfer a case to the higher court.
- Quo Warranto: Issued to enquire into the legality of a person's claim to a public office.
Under the Indian Constitution, the Supreme Court and High Courts can issue these writs under Article 32 and Article 226 respectively for the enforcement of Fundamental Rights.
SIMILAR QUESTIONS
According to the Prevention of Corruption (Amendment) Act, 2018, who among the following can be held liable ?
1. Any person who induces a public servant to perform improperly a public duty by giving or promising to give any undue advantage
2. Any public servant who obtains or accepts or attempts to obtain from any person any undue advantage
3. A person who is compelled to give undue advantage and has reported the same to the concerned authority
4. A commercial organisation offering undue advantage to any public servant
Select the correct answer using the code given below :