UPSC CSE Prelims
Question 37
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 ?
View correct answer and explanation
Correct answer: D
Correct Option: D (1, 2 and 3)
Explanation: Mandamus ordinarily enforces a public duty, whereas quo warranto can be sought by any concerned citizen to test an unlawful appointment to public office.
Statement / Pair / Item-wise Analysis:
1. True / qualifies - A private body is amenable to mandamus when it performs an enforceable public duty.
2. True / qualifies - A Government company is not automatically amenable merely because of Government shareholding; mandamus turns on public duty/amenability.
3. True / qualifies - A public-spirited person may file quo warranto without showing personal injury.
Option-wise Analysis:
A. Incorrect-omits 3 even though A public-spirited person may file quo warranto without showing personal injury.
B. Incorrect-omits 1 even though A private body is amenable to mandamus when it performs an enforceable public duty.
C. Incorrect-omits 2 even though A Government company is not automatically amenable merely because of Government shareholding; mandamus turns on public duty/amenability.
D. Correct-selects exactly the correct statements/items identified above.
Review note: Important legal nuance: government companies performing statutory/public duties can be subject to mandamus; the absolute language of statement 2 should not be generalized. The supplied official-key option D is retained.