Question 55 from UPSC CSE 2022 - Polity & Governanc e

Question

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?

Accepted Answer

Correct Option: C. 1 and 3 only

Strategy: - Mandamus applies to public duties and bodies with a public character, not purely private organizations unless they perform a public duty.
- Mandamus can be issued against government companies performing public functions, contrary to some overgeneralizations.
- The writ of Quo Warranto permits any public-minded individual to challenge the authority of a person holding a public office, not just those personally aggrieved.

Key Info: ## Constitutional Writs in India

The Supreme Court and High Courts in India are empowered by the Constitution (Articles 32 and 226) to issue writs for enforcing fundamental and other legal rights.

### Writ of Mandamus

*   Commands a person or body to perform a public duty.
*   Does not apply to purely private bodies unless they perform a statutory or public function.
*   **Issuable against:** Public authorities, statutory bodies, corporations (including government companies if performing public duties), inferior courts, and tribunals.
*   **Not issuable against:** Private entities or individuals acting in a purely personal capacity.
*   **Exceptions:** The President, state Governors, and certain judicial offices acting within their domain are generally exempt.

### Writ of Quo Warranto

*   Questions the legal entitlement of a person to hold a substantive public office.
*   Can be moved by any public-minded individual, not only those directly affected or aggrieved.
*   **Conditions for application:** The office must be public, permanent, and created by statute or the Constitution.
*   **Purpose:** To prevent unlawful occupation of public office and uphold accountability. Standing for this writ is liberal and aimed at public interest.

### Government Companies and Writs

*   Government companies (Section 2(45) of the Companies Act, 2013) have majority government shareholding.
*   Writs may be issued against them if they perform public or statutory functions.
*   Courts typically avoid writ intervention for contractual or private obligations unless a public duty is involved.

Answer

Option A: 1 and 2 only

Answer

Option B: 2 and 3 only

Answer

Option D: 1, 2, and 3