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Q88 (IAS/2022) Polity & Governance ā€ŗ Judiciary ā€ŗ High Court jurisdiction Official Key

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?

Result
Your answer: ā€”  Ā·  Correct: D
Explanation

The correct answer is Option 4 (1, 2 and 3) based on the following legal principles under Articles 32 and 226 of the Constitution:

  • Statement 1 is correct: Mandamus is a judicial remedy in the form of an order to a public body to do its duty. It generally does not lie against private individuals or organizations. However, if a private entity performs a public duty or is backed by a statute, Mandamus can be issued against it.
  • Statement 2 is correct: While a Government Company is an "agent" of the State, it is legally a separate juristic entity. Courts have historically held that Mandamus does not lie against a company unless it is performing a statutory duty. In the context of specific judicial precedents often cited in UPSC, this statement is considered technically correct as Mandamus is primarily for administrative/statutory authorities.
  • Statement 3 is correct: Unlike other writs where the "Locus Standi" rule is strict, Quo Warranto can be sought by any public-spirited person, even if they are not personally aggrieved, provided it involves a public office of a substantive nature.
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Donā€™t just practise ā€“ reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. With reference to the writs issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a privateā€¦
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 Ā· 0/10
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This is a high-fairness 'Sitter' derived directly from the limitations sections of the Writs chapter in Laxmikanth. It tests the specific boundary conditions (Locus Standi and Amenability) rather than just the definitions. If you skimmed the 'Cannot be issued against' bullet points, you lost marks.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
In India, is the writ of mandamus maintainable against a private organisation only if that organisation is entrusted with a public duty?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Scope of the Writs: I. Habeas corpus. > p. 156
Presence: 5/5
ā€œIt demands some activity on the part of the body or person to whom it is addressed. In short, it commands the person to. whom it is addressed to perform some public or quasi-public II. Mandamus. It is clear that mandamus will not issue unless the applicant has a legal right to the performance of a legal duty of a public nature and the party against whom the writ is sought is bound to perform that duty. (a) For the enforcement of Fundamental Rights, whenever a public officer or a Government has done some act which violates the Fundamental Right of a person, the court would issue a writ of mandamus restraining the public officer or the Government from enforcing that order or doing that act against the personā€
Why this source?
  • Expressly states mandamus will not issue unless the applicant has a legal right to performance of a legal duty of a public nature.
  • Requires that the party against whom the writ is sought be bound to perform that public duty.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Scope of the Writs: I. Habeas corpus. > p. 157
Presence: 5/5
ā€œwhose Fundamental Right has been infringed (b) Apart from the enforcement of Fundamental Rights, mandamus is available from a high court for various other purposes, eg,ā€” (i) To enforce the performance of a statutory duty where a public officer has got a power conferred by the Constitution or a statute. The court may issue a mandamus directing him to exercise the power in case he refuses to do it. (ii) The writ will also lie to compel any person to perform his public duty where the duty is imposed by the Constitution or a statute or statutory instrument. (iii) To compel a court or judicial tribunal to exercise its jurisdiction when it has refused to exercise it. (iv) To direct a public official or the Government not to enforce a law which is unconstitutional.ā€
Why this source?
  • Specifies mandamus lies to enforce the performance of a statutory duty by a public officer.
  • States the writ will lie to compel any person to perform a public duty where that duty is imposed by the Constitution or a statute.
Statement analysis

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Statement analysis

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SIMILAR QUESTIONS

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As per the Constitution of India, the Writ of Prohibition relates to an order : 1. issued against judicial and quasijudicial authority 2. to prohibit an inferior Court from proceeding in a particular case where it has no jurisdiction to try 3. to restrain a person from holding a public office to which he is not entitled Select the correct answer using the code given below :