📘 Q.8 IAS Prelims 2022 — Polity & Governance: Writ Jurisdiction
🧷 Authentic Classroom Explanation by IAS Monk
📍 The 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?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
✅ Correct Answer: (c)
🔎 Curiosity Raiser (UPSC precision test)
UPSC is checking whether you understand against whom writs lie, not just what writs mean.
The trap lies in assuming private vs government is the only distinction.
🧠 Core Concept Tested
Scope of writs of Mandamus and Quo Warranto
🔍 Classroom Explanation (UPSC Prelims Focused)
Statement 1 ✅
- Mandamus means “we command”.
- It does not lie against a private body, unless that body is entrusted with a public duty.
👉 Statement 1 is correct.
Statement 2 ❌
- Mandamus can be issued against a company, including a Government Company,
if it performs public or statutory duties. - Hence, the blanket statement that mandamus will not lie against a company is incorrect.
👉 Statement 2 is incorrect.
Statement 3 ✅
- Quo Warranto means “by what authority”.
- It is issued to prevent illegal usurpation of a public office.
- Any public-spirited person (not necessarily an aggrieved person) can file a petition.
👉 Statement 3 is correct.
❌ Why the final answer is (c)
- Statements 1 and 3 are correct.
- Statement 2 is incorrect.
- Hence, option (c).
📘 Enrich Notes (Prelims Value Add)
- Mandamus:
- Lies against public authorities and bodies performing public duty
- Does not lie against purely private bodies
- Quo Warranto:
- Challenges legality of holding a public office
- Locus standi is broad
📌 Prelims Recall Line
Mandamus checks duty; Quo Warranto checks authority.
🧘♂️ IAS Monk Whisper
Courts command duty where public power is exercised,
and question authority where public office is usurped.
