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

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Q: 18 (IAS/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 ?

question_subject: 

Polity

question_exam: 

IAS

stats: 

0,238,108,31,41,238,36

keywords: 

{'quo warranto': [0, 0, 0, 4], 'writs': [1, 0, 0, 0], 'mandamus': [1, 0, 1, 0], 'courts': [1, 0, 0, 0], 'writ': [0, 0, 0, 2], 'petitioner': [0, 0, 0, 2], 'private organisation': [0, 0, 0, 1], 'court': [11, 1, 18, 32], 'india': [8, 1, 7, 13]}

Each statement in the question involves a legal context related to the writs issued by the Courts in India.

1. A writ of mandamus is a directive from a court to a government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. It cannot be issued against a private organization unless it has a public duty, meaning a duty that it has a public obligation to fulfill, just as a public entity would.

2. Similarly, a writ of mandamus will not lie against a Company even if it`s a Government Company, unless it`s discharging public duties.

3. Quo warranto is a type of writ that challenges the legal basis of a person`s position or function, typically in a public office. It can be issued to an individual who holds a public office to inquire about the legality of them holding that office. Any public minded person can be a petitioner to move the court to obtain this writ, i.e., anyone can seek to ensure that someone is holding office validly.

Therefore, all the statements are correct, which means option 4 - "1, 2 and 3" is the correct answer.

Preparing for Future Exams: Learning from the Analysis of Past Questions

Topics:

  • Writs in India
  • Types of writs (Mandamus, Quo Warranto)
  • Public duty and private organizations
  • Government companies

Sources:

  • Constitution of India
  • The Code of Civil Procedure, 1908
  • Indian Judiciary website
  • Indian Law journals

NCERT and reference book chapters:

  • Class 11 Political Science NCERT textbook, Chapter 4: Rights in the Indian Constitution
  • Indian Polity by M. Laxmikanth, Chapter 44: Writs

Related concepts:

  • Judicial Review
  • Public Interest Litigation (PIL)
  • Habeas Corpus
  • Prohibition

Note: Please be advised that some of the sources and topics listed above may be beyond the scope of this question, but can be useful for a more comprehensive understanding of the subject matter.

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