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
Explanation
Statement 1 is correct: mandamus enforces a public duty, so it lies against a private body only if it has been entrusted with a public or statutory duty. Statement 2 is correct per the Supreme Court in Praga Tools Corporation v. C.V. Imanual (1969): a company registered under the Companies Act has no statutory public duty that mandamus can enforce, even if the government owns it. Statement 3 is correct: quo warranto tests a person's legal right to hold a public office, and any person, not only an aggrieved one, may seek it. So all three are correct.
Indian PolityWrits (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto)writsCourts in IndiaMandamusprivate organisationpublic dutyCompanyGovernment Companypublic minded personpetitionerQuo Warranto