Apedia Logo Apedia
Join

Choose Language

Select your preferred reading language
🇬🇧
English
✔
🇮🇳
हिन्दी
✔
✕
Full View
Polity
Judiciary
EN हिंदी
✕
UPSC Prelims 2022 Paper-1 📅 05 Jun, 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?

A
(a) 1 and 2 only
B
(b) 2 and 3 only
C
(c) 1 and 3 only
D
(d) 1, 2 and 3
Result Summary
Logo

APEDIA

UPSC Prelims
2022 • 05 Jun, 2022 • Paper-1
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?
Correct Answer
(c) 1 and 3 only
Statement 1 Analysis: Correct. A writ of Mandamus operates in the realm of public law. It cannot be issued against an entity of entirely private nature unless t......
Ref/Book : UPSC Prelims 2022
Ref. Subject Polity
Chapter -
Ref. Topic Judiciary
Pg. No -
💡 Analysis & Explanation
Statement 1 Analysis ▼
Correct. A writ of Mandamus operates in the realm of public law. It cannot be issued against an entity of entirely private nature unless that entity is executing a statutory public duty.
Statement 2 Analysis ▼
Incorrect. Since a Government Company is considered an instrumentality of the 'State' under Article 12, it is subject to public duties, making it amenable to the writ of Mandamus.
Statement 3 Analysis ▼
Correct. Unlike other writs that demand a strict locus standi (personal injury), Quo Warranto can be filed by any public-minded citizen seeking to question the legality of an individual's claim to a public office.
Conclusion ▼
Statements 1 and 3 reflect correct judicial doctrines.
← Prev
18 / 100
Next →