Q18 · UPSC Prelims 2022 · Set A · Polity and Governance

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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

Explanation

  1. A

    1 and 2 only

    1 and 2 only. Quo warranto as a public-interest writ also holds in this key.

  2. B

    2 and 3 only

    2 and 3 only. Mandamus and public duty is the first limb.

  3. C

    1 and 3 only

    1 and 3 only. Statement 2 is also keyed correct.

  4. D

    1, 2 and 3

    All three. Mandamus needs a public duty (not a purely private body). It is not used against a company as such even if government-owned, absent that duty. Quo warranto can be moved by a public-minded person.

Summary. Official key is (d) all three. Mandamus issues for a public legal duty, so a private body is reached only if such a duty is laid on it. A government company is still a company for this purpose unless a public duty is shown. Quo warranto to test a public office can be sought by a member of the public.

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