UPSC Prelims 2022 Q18: Indian Polity – Judiciary
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
Answer: (c) 1 and 3 only
Explanation
Writs of Mandamus and Quo Warranto
| Statement | Verdict | Reason |
|---|---|---|
| 1. Mandamus does not lie against a private body unless it has a public duty | Correct | Mandamus enforces a public duty; a private body is covered only if it performs one |
| 2. Mandamus does not lie against a company even if it is a Government Company | Wrong | A Government company can be 'State' under Article 12, so mandamus can be issued against it |
| 3. Any public-minded person can seek Quo Warranto | Correct | Quo warranto can be sought by any person, not only the aggrieved party |
The five writs:
| Writ | Meaning | Purpose |
|---|---|---|
| Habeas Corpus | "To have the body" | Free a person unlawfully detained |
| Mandamus | "We command" | Order a public authority to perform its public duty |
| Prohibition | "To forbid" | Stop a lower court exceeding its jurisdiction |
| Certiorari | "To be certified" | Quash an order passed without jurisdiction |
| Quo Warranto | "By what authority" | Question a person's right to hold a public office |
Answer: (c) 1 and 3 only.
Why each option is right or wrong
- (a) Incorrect. Statement 2 is false; mandamus can lie against a Government company that is 'State'.
- (b) Incorrect. Statement 2 is false, and it leaves out the true Statement 1.
- (c) CORRECT. Mandamus needs a public duty, and anyone can seek quo warranto; Government companies are not exempt.
- (d) Incorrect. Statement 2 is false, so 'all three' fails.
Key point
Mandamus = enforce a public duty (lies against 'State', incl. Govt companies). Quo warranto = any person can challenge a public office holder.
Remember
Mandamus can lie against a Government company; any person can seek quo warranto.
Common mistakes
- Thinking companies are always outside writ jurisdiction; Government companies can be 'State' under Article 12.
- Believing only the aggrieved person can seek quo warranto; any person can.
- Forgetting that mandamus cannot be issued against the President or Governors.
Exam tip
Mandamus follows public duty, not the type of body. If the body is 'State' or performs a public duty, mandamus lies.
Sources
- Constitution of India — Articles 12, 32, 226
- M. Laxmikanth — Indian Polity (Writs)
- Zee Telefilms v. Union of India (2005)