UPSC Prelims 2022 Q18: Writs of Mandamus and Quo Warranto Explained
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?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Answer: (c) 1 and 3 only
Statement-wise explanation
- 1: correct — Mandamus ("we command") orders someone to perform a public or statutory duty that they have failed to perform. A purely private body owes no such duty, so the writ cannot be used to make it act. When a private body is entrusted with a public duty, that duty can be enforced by mandamus. The Supreme Court said in Praga Tools Corporation v. C.A. Imanual (1969) that mandamus can issue to companies to carry out duties placed on them by statute.
- 2: incorrect — The statement is a blanket ban, and the law has no such ban. A Government company can be "the State" under Article 12 if the government has deep and pervasive control over it (Ajay Hasia, 1981; Pradeep Kumar Biswas, 2002). Even when it is not, it can be bound by a public or statutory duty. In either case the High Court can issue mandamus against it under Article 226, which reaches "any person or authority". Being a company does not make an entity immune from the writ.
- 3: correct — Quo warranto ("by what authority") asks a person to show their legal right to hold a substantive public office. The public has an interest in seeing that public offices are held lawfully, so the petitioner does not have to be personally aggrieved. Any public-minded person may apply. This is an exception to the normal locus standi rule that applies to most other writs.
How to eliminate
Statement 2 contains a sweeping exclusion: mandamus will not lie against a company "even though it may be a Government Company". Ask whether the Constitution protects any public-sector body that simply by its form of incorporation. It does not. Article 12 treats government-controlled corporations as "State", and Article 226 allows writs against "any person or authority". Once you reject Statement 2, every option that contains it drops out, which leaves only "1 and 3". Statement 1 also supports itself, because its "unless entrusted with a public duty" qualifier is the textbook rule for mandamus. Learn this pair: mandamus needs a public duty, but not a government body. Quo warranto can be sought by anyone, not only the aggrieved person.
Know more
Writs in India. The Supreme Court issues writs under Article 32, only to enforce Fundamental Rights. High Courts issue them under Article 226, both for Fundamental Rights and "for any other purpose". The High Court power is wider. Article 32 names five writs.
| Writ | Meaning | Purpose | Lies against | Who can apply |
|---|---|---|---|---|
| Habeas corpus | "To have the body" | Produce a detained person and test whether the detention is legal | Public authorities and private persons | The detainee or anyone on their behalf |
| Mandamus | "We command" | Make an authority perform a public duty | Public officials, public bodies, corporations, tribunals, and private bodies with a public duty | The person whose legal right is affected |
| Prohibition | "To forbid" | Stop a lower court or tribunal from exceeding its jurisdiction | Judicial and quasi-judicial bodies | The aggrieved party |
| Certiorari | "To be certified" | Quash an order made without jurisdiction or with an error of law | Judicial and quasi-judicial bodies, and administrative authorities that affect rights | The aggrieved party |
| Quo warranto | "By what authority" | Remove a usurper from a public office | Holders of substantive public offices created by statute or the Constitution | Any person |
Limits on mandamus. It does not lie against:
- a private individual or body with no public duty
- a discretionary function, where there is no duty to act in a fixed way
- the President or a Governor acting in their personal capacity
- a duty based only on a private contract
- a Chief Justice of a High Court acting in a judicial capacity
Limits on quo warranto. It cannot be used against a ministerial office or a private office.
Locus standi. Habeas corpus and quo warranto are the two writs where the petitioner does not have to be the aggrieved person. Public interest litigation (PIL) later relaxed standing much more widely.
NCERT Concepts to Revise
- Mandamus: Statements 1 and 2 test whom mandamus can be issued against: private bodies, public duties and Government companies.
- Quo warranto: Statement 3 turns on who has standing to seek quo warranto against the holder of a public office.
- Writ: Explains what a writ is and the five types named in the Constitution.
- Writ jurisdiction of High Courts: Article 226 lets High Courts issue writs to "any person or authority", which matters for judging Statement 2.
- Right to constitutional remedies: Article 32 names the five writs, including mandamus and quo warranto, that the Supreme Court can issue.
- Public interest litigation: PIL shows how Indian courts relaxed the rule on who may file, which helps with Statement 3.