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HCS (Haryana)Prelims2024General Studies
Question
Consider the following statements: 1. The writ, Mandamus can be issued against both Public Authorities and Private Individuals. 2. Mandamus can be issued to enforce a contractual obligation. 3. Mandamus cannot be issued against the Governor of a State. 4. Mandamus can be issued against a state to refund the tax collected unlawfully. How many of the statements given above are correct:
Options
- A Only one statement
- B Two statements
- C Three statements
- D All four statements
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Correct Answer
C Three statements
Model Answer
Official answer key: B. The answer shown above (C) is the academy’s own.
Mandamus
- The term Mandamus in Latin means ‘We Command’.
- The court issues the Writ of Mandamus to a public authority directing them to perform the public duties they are bound to do but refused or failed to perform. Hence, statement 2 and 4 is correct.
- This writ can be issued against any public authority, public body, lower courts, tribunals or the government.
Conditions for Writ of Mandamus
- Writ of Mandamus cannot be issued under the following conditions:
- When public duty is discretionary and not mandatory
- To perform the non-statutory function.
- Against the President of India or Governor of any State. Hence, statement 3 is correct.
- Where such discretion violates the law of the land.
- Against any private individual or private organisation. Hence, statement 1 is incorrect.
- Against the acting Chief Justice of India
- A writ petition seeking Mandamus can be filed only when the Public authority refuses to perform their public duty on being demanded by the petitioner.
Additional Information
Writs
- Writs are written orders issued by the Supreme Court or a High Court directing Indian citizens to pursue constitutional remedies when their fundamental rights have been violated under Article 32.
Characteristics of Supreme Court and High Court
Supreme Court
- Purpose of issuing writs: Only to enforce Fundamental Rights.
- Writ can be issued against a person or government: Located anywhere throughout the territory of India.
- Right to refuse exercising writ jurisdiction: No, because Article 32 is an FR itself.
High Court
- Purpose of issuing writs: To enforce legal as well as Fundamental Rights.
- Writ can be issued against a person or government: Located only within its territorial jurisdiction or extra-territorial jurisdiction if action arises within its territorial jurisdiction.
- Right to refuse exercising writ jurisdiction: May refuse, as a remedy under Article 226 is discretionary.
The five types of writs in Indian constitution
- Habeas Corpus
- Quo-Warranto
- Certiorari
- Mandamus
- Prohibition