With reference to the writs issued by the Courts in India, consider the following statements:
- Mandamus will not lie against a private organization 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?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Explanation
Statement 1 is correct
- Mandamus (“We command”): Its purpose is to command a public official or body to perform his official duties that he has failed or refused to perform.
- Who can file: A person whose rights are directly affected by the non-performance of a duty.
- Against whom: public official, a public body, a corporation, an inferior court, a tribunal, or the government, but not private individuals.
- Cannot be issued:
- against a private individual or body,
- to enforce departmental instruction that does not possess statutory force,
- when the duty is discretionary in nature,
- to enforce a contractual obligation,
- against the President of India, the State Governors, and the Chief Justice of a High Court.
Statement 2 is correct
- A writ of mandamus can be issued against a government corporation or company only when it is performing a public duty, making the original statement incomplete. The key principle is that mandamus is meant to enforce the discharge of public duties, not purely private functions.
Statement 3 is correct
- Quo Warranto (“By what authority”): Its purpose is to challenge the legal right of a person to hold a public office. Prevents illegal usurpation of public office by a person.
- Who can file: Any interested person and not necessarily the aggrieved person.
- Issued in case of substantial public office of a permanent character created by a statute or by the Constitution. Cannot be issued in the case of ministerial or private offices.
