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?
Correct Answer — D
Explanation
Officially, the correct option is D (1, 2 and 3).
- Statement 1 is correct (Binny Ltd. case): Mandamus lies against a private body only if it is entrusted with discharging a statutory or public duty.
- Statement 2 is correct (Praga Tools case): A Government Company is a non-statutory entity under company law. Without an explicit statutory duty, Mandamus will not lie against it merely because the government owns shares.
- Statement 3 is correct: Quo Warranto requires no personal locus standi; any public-spirited citizen can challenge an unlawful appointment to a public office.
UPSC Official Stance: UPSC adhered strictly to the Praga Tools Corporation (1969) precedent and officially marked D (1, 2 and 3) as correct in the Prelims 2022 answer key.
Summary: The 5 Writs (Articles 32 & 226)
- 1. Habeas Corpus (“To have the body of”):
- Protects against illegal detention; orders the authority to produce the detainee.
- Lies against both public authorities and private individuals.
- Can be filed by the detainee or anyone on their behalf.
- 2. Mandamus (“We Command”):
- Compels a public authority to perform a mandatory statutory duty.
- Cannot lie against private bodies (unless performing public duty), discretionary functions, the President, or Governors.
- 3. Prohibition (“To Forbid”):
- A preventive remedy issued to stop lower courts or tribunals from exceeding jurisdiction.
- Issued before the final order, while proceedings are still pending.
- 4. Certiorari (“To Be Certified”):
- A corrective/curative remedy to quash an illegal order already passed by a court, tribunal, or administrative authority.
- Issued after the order is delivered, on grounds of excess jurisdiction or violation of natural justice.
- 5. Quo Warranto (“By What Authority”):
- Prevents illegal usurpation of a substantive, statutory/constitutional public office.
- Requires no personal injury (locus standi); can be filed by any citizen.