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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 ?

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 ? Correct Answer 1 and 3 only

The correct answer is 1 and 3 only.

Key PointsMandamus 

  • It literally means ‘We Command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform.
  • It can also be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose. Hence statement 2 is not correct.
  • The writ of mandamus cannot be issued
    • It won’t be granted against private individuals and companies that have no public duty to perform. ;
    • to enforce departmental instruction that does not possess statutory force;
    • when the duty is discretionary and not mandatory;
    • to enforce a contractual obligation;
    • against the president of India or the state governors; and
    • against the chief justice of a high court acting in a judicial capacity. 
  • In the case of Sohanlal v. Union of India (1957), the Supreme Court stated that the Writ of Mandamus will only lie against a private individual or organization if it is proven that he is integrated with a public authority. 
  • One issue is the Writ of mandamus when a public officer fails to perform his/her official duty or something which forms part of his/her official duty.
    • The Writ of Mandamus is a matter of grace and not a matter of right.
    • But it is the discretionary power of the court to allow the writ of mandamus.
    • This means - if the court thinks that there may have been a failure in performing the duty by the lower court or public authority, then the court may allow the writ of mandamus," 
  • Writ of mandamus can be issued against the following :
    • An individual or a private body if it is entrusted with a public duty.
  • Who can file the Writ of Mandamus?
    • Any person - be it an individual or a private body can file for the court petition under the writ of mandamus, so long as they have legal rights in the concerned matter to do so.
  • Mandamus is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose. It is usually not usable against a private entity unless it is entrusted with a public duty. Hence, statement 2 is correct.
  •  As explained above, Mandamus can be used against a government corporation and/or company.  Hence, statement 2 is incorrect

Additional Information

Quo Warranto

  • Quo Warranto in the literal sense, it means ‘By what authority or warrant’.
  • It is issued by the court to enquire into the legality of the claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person.
  • The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office. Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person. Hence, statement 3 is correct.

Related Questions

Which of the following combinations are not correctly matched?
1. Writ of Habeas Corpus: available against private individuals as well
2. Writ of Quo Warranto: available against subordinate courts only
3. Writ of Certiorari: available against state only
4. Writ of Prohibition: available against autonomous bodies only
Select the correct answer:
The Indian Constitution empowers the Supreme Court to issue writs for the enforcement of any of the Fundamental Rights conferred by the Part III of the Indian Constitution under Article 32. Match the writs (List I) with their meaning (List II): List I (Writ)  List II (Meaning) A. Habeas Corpus I. We command B. Mandamus II. You may have the body C. Certiorari III. What is your authority D. Quo Warranto IV. To be certified  Select the code for the correct answer from the options given below:
Consider the following statements. 1. The Supreme Court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo-warranto, and certiorari. 2. The writ jurisdiction of the supreme court is wider than that of the High Court. Which among the above statements is/are correct?
A, a bank officer, got compulsorily retired in 2014. Since the bank authorities did not release the leave encashment in his favour, he filed writ petition WP 2001 (W) of 2017 in Ranchi High Court for the same and also for the interest on the unpaid amount. The writ petition was disposed of by a learned Single Judge in December 2018 directing the bank to release the privileged leave encashment benefits to the petitioner to the extent he was entitled to in accordance with law within a certain period. The prayer for interest was not specifically denied by the court. The bank filed an appeal against the order. The Division Bench of Ranchi High Court in February, 2019 declined to admit the appeal. The bank authorities released the leave encashment in favour of the petitioner. However, A files a writ petition again for a direction to the bank to disburse interest to A at the rate of 18% per annum on leave encashment released by the bank. This petition is covered under which of the following?
With reference to the writ jurisdiction of a court, consider the following statements: 1. The high court can issue writs outside its territorial jurisdiction. 2. The writ jurisdiction of the high court is part of the basic structure of the constitution. 3. The high court can issue writs only in case of violation of a fundamental right. Which of the statements given above is/are correct?
Which two classes use the Shape class correctly?
A. public class Circle implements Shape { private int radius; }B. public abstract class Circle extends Shape { private int radius; }C. public class Circle extends Shape { private int radius; public void draw(); }D. public abstract class Circle implements Shape { private int radius; public void draw(); }E. public class Circle extends Shape { private int radius; public void draw() { /* code here */ } }F. public abstract class Circle implements Shape { private int radius; public void draw() { /* code here */ } }
Consider the following statements regarding “Writs”: 1. The Supreme Court and the high courts can issue the writs. 2. Parliament can also empower any court to issue writs. Which of the statements given above is/are correct?
Where two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try the offence, the question shall be decided
1. If the courts are subordinate to the same High Court, by that High Court
2. By the High Court within the local limits of whose appellate criminal jurisdiction the accused resides, carries on business or is engaged in a gainful employment
3. If the courts are subordinate to the same High Court, by that High Court in consultation with the State Government concerned
4. If the courts are not subordinate to the same High Court, by that court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced
Which of the above are correct?
The right to move the Supreme Court for the enforcement of fundamental rights including the writs of habeas corpus, mandamus, prohibition, certiorari and quo warranto are the parts of
PRINCIPLES: 1. Nothing is an offence which is done in the exercise of the right of private defense.
2. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of that person or by reason of misconception on the part of that person, every person has the same right of private defense against that act, which he would have if that act were an offence.
3. Everyone has the right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than that is necessary has not been caused to avert the danger.
4. If in the exercise of right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defense extends to the running of that risk.
5. The right of private defense continues as long as apprehension of danger continues.
FACT: A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a housebreaker, attacks A.