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?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Correct answer
Explanation
The correct answer is C, 1 and 3 only. Mandamus reaches anyone who owes a public duty, including government companies, and quo warranto can be sought by any interested person, not only the aggrieved one.
The Supreme Court issues writs under Article 32 and High Courts under Article 226. Mandamus ("we command") orders a public official, public body, corporation, inferior court, tribunal or government to perform a public duty it has failed to do. It does not lie against a private individual or private body, unless that body performs a public duty, and it does not lie against the President or a Governor or to enforce a mere contract. Quo warranto ("by what authority") questions a person's right to hold a substantive public office created by law; unlike other writs, any member of the public can apply for it.
Statement 2 is wrong: a government company is "State" under Article 12, and mandamus can be issued against it.
So A, B and D, which include statement 2, are wrong.
Exam tip: quo warranto is the one writ any person can seek; mandamus never against the President, a Governor or a private body without a public duty.
Practice Questions
View allWith reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, etc. conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation ?
- A.Committee on Government Assurances
- B.Committee on Subordinate Legislation
- C.Rules Committee
- D.Business Advisory Committee
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This committee checks whether the rules, regulations and by-laws made by the executive under delegated powers stay within the limits Parliament set.
Read the full explanation →With reference to Deputy Speaker of Lok Sabha, consider the following statements : 1. As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election of Deputy Speaker shall be held on such date as the Speaker may fix.
2. There is a mandatory provision that the election of a candidate as Deputy Speaker of Lok Sabha shall be from either the principal opposition party or the ruling party.
3. The Deputy Speaker has the same power as of the Speaker when presiding over the sitting of the House and no appeal lies against his rulings.
4. The well established parliamentary practice regarding the appointment of Deputy Speaker is that the motion is moved by the Speaker and duly seconded by the Prime Minister. Which of the statements given above are correct ?
- A.1 and 3 only
- B.1, 2 and 3
- C.3 and 4 only
- D.2 and 4 only
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The Speaker fixes the date of the Deputy Speaker's election, and a presiding Deputy Speaker has the full powers of the Speaker; statements 2 and 4 describe rules that do not exist.
Read the full explanation →Which one of the following is not a function of the Constitution of India ?
- A.To ensure participation of good people in politics
- B.To guarantee a set of rights to citizens
- C.To define the power of the different organs of government
- D.To create conditions for a just society
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A constitution can set rules and limits, but it cannot guarantee that good people will enter politics. A constitution is the basic set of rules by which a country is governed.
Read the full explanation →Which one of the following is not a part of Fundamental Rights ?
- A.Right to education
- B.Right to establish educational institutions by minorities
- C.Right to be conferred with titles
- D.Right against untouchability
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The Constitution does the opposite: Article 18 abolishes titles, so receiving a title is not a Fundamental Right. Article 18 forbids the State from conferring any title other than a military or academic distinction, and bars citizens from accepting a title from a foreign State.
Read the full explanation →Which one of the following statements about the Parliament of India is correct ?
- A.A majority of members of Rajya Sabha are elected by a system of proportional representation by means of single transferable vote
- B.The Deputy Chairperson of the Rajya Sabha is nominated by the President from among the members of the Rajya Sabha
- C.The Lok Sabha cannot be dissolved before the completion of its five year term
- D.The members of Lok Sabha also vote in the election of the members of Rajya Sabha
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Most members of the Rajya Sabha are elected indirectly by the elected members of the State Legislative Assemblies through proportional representation by means of the single transferable vote.
Read the full explanation →