With reference to the writs, issued by the Courts in India, consider the following statements:
- Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
- Mandamus will not lie against a Company even though it may be a Government Company.
- 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?
Detailed Explanation:
Answer: Option 4 — 1, 2 and 3
All three statements are correct regarding the writs issued by Courts in India. Statement 1 correctly describes that Mandamus does not lie against private organisations unless they are entrusted with a public duty. Statement 2 is correct as written because Government ownership alone does not make a company subject to Mandamus without the element of public duty. Statement 3 accurately states that any public-minded person can petition for Quo Warranto to challenge illegal usurpation of public office.
✅ Statement 1 – Correct: Mandamus is issued to compel performance of public duties and does not lie against private organisations unless they are entrusted with a public duty.
✅ Statement 2 – Correct: Mandamus will not lie against a company merely because it is a Government Company; the company must be discharging a public duty for Mandamus to be applicable.
✅ Statement 3 – Correct: Quo Warranto can be sought by any public-minded person to inquire into the legality of a person's claim to a public office, unlike other writs which require an aggrieved party.
📝 Short Notes: Writs under Articles 32 and 226
| Writ | Purpose | Against Whom | Who Can File |
|---|---|---|---|
| Habeas Corpus | To secure release of a person wrongfully detained | Any person (public/private) detaining someone | Aggrieved person or any person on their behalf |
| Mandamus | To compel performance of public duty | Public officials, bodies, tribunals; private entities only if entrusted with public duty | Aggrieved person |
| Prohibition | To prevent inferior courts/tribunals from exceeding jurisdiction | Judicial and quasi-judicial bodies | Aggrieved person |
| Certiorari | To quash orders of inferior courts/tribunals exceeding jurisdiction | Judicial and quasi-judicial bodies | Aggrieved person |
| Quo Warranto | To inquire into legality of claim to public office | Person holding or claiming public office | Any public-minded person |
- Article 32: Right to Constitutional Remedies - Supreme Court can issue writs for enforcement of Fundamental Rights (cannot be suspended except under Article 359 during Emergency)
- Article 226: High Courts have wider power to issue writs for any purpose, not just Fundamental Rights violations
- Mandamus Key Point: Cannot be issued against President or Governor (Article 361 immunity), against private individuals (unless public duty involved), or to enforce a contract
- Government Company Exception: A company does not automatically become subject to Mandamus merely because government owns it; it must be performing public/statutory functions
- Quo Warranto Uniqueness: Only writ that can be filed by any interested citizen, not necessarily the aggrieved party; promotes public accountability
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