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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

  1. A Only one statement
  2. B Two statements
  3. C Three statements
  4. D All four statements
Show Answer

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
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2024 — Consider the following statements: 1. The writ, Mandamus… | Dr. Amit IAS Academy