Q. 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?
a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3
Correct Answer: d) 1, 2 and 3 (Official Answer)
Question from UPSC Prelims 2022 GS Paper
Explanation :
Power to Issue Writs in India’s Judicial System
In India, the High Courts and the Supreme Court hold the authority to issue writs for enforcing the fundamental rights of citizens, as well as for other purposes. These writs, which are an integral part of the common law system, have been borrowed from English law and include Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
Analysis of Statements Regarding the Issuance of Writs
The writ of Mandamus is a directive from a court to a lower court, tribunal, or public authority, compelling them to perform a mandatory act. It is generally not applicable to private entities unless they are tasked with a public duty. In such cases, Mandamus can be issued to enforce the performance of that public duty.
Second statement, According to UPSC Official Answer key – it is correct.
The writ of Quo Warranto provides a means to challenge the legality of an individual’s claim to a public office. It allows any public-spirited individual, not necessarily personally aggrieved, to petition the court. This ensures that any person occupying a public office does so legitimately and in the interest of maintaining the integrity of public service.
In conclusion, statements 1 and 3 accurately reflect the provisions related to the issuance of writs in the Indian judicial system, confirming that the correct answer is “1 and 3 only”.
