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 ?
1 and 2 only
2 and 3 only
1 and 3 only
1, 2 and 3
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC IAS – 2022
Statement 2 is incorrect. A writ of Mandamus can lie against a Government Company, especially when it is discharging a public function or duty. The nature of the duty determines whether Mandamus is applicable, not merely the classification as a ‘Company’. If a government company is entrusted with a statutory or public duty, Mandamus can be issued to enforce that duty.
Statement 3 is correct. The writ of Quo Warranto is issued to inquire into the legality of the claim of a person to a public office. Unlike other writs, any interested person, even if not personally aggrieved, can file a petition for Quo Warranto to prevent a person from holding an office they are not legally entitled to. This is a check against illegal usurpation of public office.