Previous Year Question
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?
1 and 2
2 and 3
1 and 3
1, 2 and 3
Correct Answer: C
Detailed Solution
Statement 1 is correct. Mandamus literally means “we command.” It is issued to direct a public authority or a body performing a public duty to discharge that duty.
Under Article 226, a High Court may issue mandamus even against a private organisation if:
It has been entrusted with a public or statutory duty.
Its functions contain a public element.
The duty sought to be enforced is public in nature and not merely a private contractual obligation.
Therefore, mandamus ordinarily does not lie against a private organisation performing entirely private functions, but it may apply when that organisation performs a public duty.
Statement 2 is incorrect. A Government Company does not become immune from mandamus merely because it has been incorporated as a company. Mandamus may be issued against it if:
It constitutes an instrumentality or agency of the State under Article 12; or
It performs a public or statutory duty.
Therefore, the absolute claim that mandamus cannot be issued against a Government Company is incorrect.
Statement 3 is correct. Quo Warranto means “by what authority?” It enables a court to examine the legal authority under which a person occupies a public office.
The petitioner need not establish a violation of a personal right or personal injury. Any public-minded person may bring the matter before the court.
The general conditions for issuing Quo Warranto are:
The office must be public.
It must be created by the Constitution or a law.
It must be substantive and independent in character.
The holder must lack the legally prescribed qualifications or the appointment must violate the law.
Five constitutional writs
Habeas Corpus: To secure release from unlawful detention.
Mandamus: To compel performance of a public duty.
Prohibition: To prevent a subordinate court or tribunal from acting beyond its jurisdiction.
Certiorari: To quash an unlawful decision of a subordinate court or tribunal.
Quo Warranto: To examine the legal authority of a person holding a public office.
Under Article 32, the Supreme Court issues writs for the enforcement of Fundamental Rights. Under Article 226, High Courts may issue writs both for Fundamental Rights and “for any other purpose”; hence, the High Courts’ writ jurisdiction is broader.