UPSC 2022PolityModerate

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
Correct Answer
D
1, 2 and 3

Explanation

Option (c) is correct because Mandamus can be issued against any entity—including private ones—if they are entrusted with a public duty, and Quo Warranto is the only writ where the "locus standi" rule is relaxed, allowing any public-spirited citizen to file a petition. Statement 2 is the primary error because Mandamus can indeed lie against a Government Company as it is considered an instrumentality of the State performing public functions. The core concept tested is the functional scope and legal standing (locus standi) required for Prerogative Writs under Articles 32 and 226.

Indian PolityWrits (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto)writsCourts in IndiaMandamusprivate organisationpublic dutyCompanyGovernment Companypublic minded personpetitionerQuo Warranto

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