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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2022, Q38

Contents11
UPSC Prelims GS2022Indian Polity
  1. A1 and 2 only
  2. B2 and 3 only
  3. C1 and 3 only
  4. D1, 2 and 3
Show answer

Answer: (D) 1, 2 and 3

Statement 1 is correct:

A writ of Mandamus is issued to compel the performance of a public duty.

It generally does not lie against a private body. However, if a private organization is entrusted with a public duty or performs a public function, mandamus can be issued against it.

Therefore, Statement 1 is correct.

Statement 2 is also correct in the context of this question:

A writ of Mandamus does not automatically lie against a company merely because it is a Government company.

For mandamus to be issued, there must be:

  • a statutory duty, or
  • a public duty.

If the company is a non-statutory body and no public duty is involved, mandamus may not lie against it.

UPSC here is testing the distinction between:

  • ownership by government, and
  • existence of enforceable public/statutory duty.

Therefore, Statement 2 is correct.

Statement 3 is correct:

The writ of Quo Warranto challenges the legality of a person holding a public office.

Unlike many other writs, any public-spirited person can file it. The petitioner need not be personally aggrieved.

Therefore, Statement 3 is correct.

Hence:

  • Statements 1, 2 and 3 are correct.

Therefore, the correct answer is 1, 2 and 3.

Why this was asked

Mandamus can be issued against government companies because they perform public functions, making it a key remedy for challenging government inaction through public sector enterprises.

Quo Warranto is unique among writs because any public-minded citizen can file it to challenge illegal occupation of public office, unlike other writs that require personal interest or locus standi.

Writ of Mandamus

Indian Polity Mandamus private organisation Government Company

Mandamus: Scope, Applicability & UPSC Traps

Must know

Mandamus means 'we command' - orders public officials to perform their duty

CAN be issued against private organizations if they perform public duties

CAN be issued against government companies as they perform public functions

Good to know

Cannot be issued for discretionary powers - only for mandatory duties

What is Mandamus

Mandamus is a constitutional writ meaning 'we command'. Courts use it to order public authorities to perform their mandatory duties when they refuse or fail to act.

When Mandamus Applies

Entity Type

Mandamus Applicable?

Key Condition

Example

Public Officials

Yes

Mandatory duty exists

Collector refusing to issue certificate

Government Companies

Yes

Performing public function

ONGC, Indian Railways

Private Organizations

Yes

Only if entrusted with public duty

Private schools (RTE compliance)

Pure Private Bodies

No

No public duty involved

Private clubs, companies

Key Restrictions

Not available against discretionary powers - only for mandatory duties

Not available when adequate alternative remedy exists

Not available against legislative bodies in their law-making capacity

Not available to enforce contractual obligations between private parties

Exam traps

Trap: Statement 2 says mandamus won't lie against government companies - this is wrong. Government companies perform public functions, so mandamus applies.

Confusion: Private vs public duty distinction. Mandamus applies to private bodies only when they have public duties, not never.

Memory aid: Mandamus = Mandatory duty. If it's discretionary, no mandamus.

Writ of Quo Warranto

Indian Polity Quo Warranto public minded person

Quo Warranto: Challenging Illegal Public Office Holders

Must know

Quo Warranto means 'by what authority' - challenges illegal occupation of public office

Any public-minded person can file it - no personal interest required

Good to know

Only applies to substantive public offices with legal duties

Purpose & Meaning

Quo Warranto means 'by what authority do you hold office?'. It challenges a person's right to hold a public office when their appointment is illegal or they've become disqualified.

Quo Warranto vs Other Writs

Aspect

Quo Warranto

Mandamus/Certiorari

Habeas Corpus

Who can file

Any public-minded person

Aggrieved person only

Anyone for detained person

Personal interest needed

No

Yes

No

Target

Illegal office holders

Public authorities

Detention authorities

Purpose

Remove from office

Compel/review action

Secure release

Conditions for Quo Warranto

Office must be public office - not private employment

Office must be substantive - not merely honorary or temporary

Person must have no legal right to hold the office

Ministerial positions are generally excluded

Exam traps

Key advantage: Quo Warranto has liberal locus standi - anyone can challenge, unlike other writs where you need personal grievance.

Don't confuse: With mandamus where you need to be affected party. Quo Warranto = public interest, anyone can file.

Constitutional Writs System

Indian Polity writs Courts

Five Constitutional Writs: Powers & Jurisdiction

Must know

Five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto

Supreme Court (Article 32) and High Courts (Article 226) can issue writs

Good to know

High Courts have wider power - can issue writs for any purpose, not just fundamental rights

Five Constitutional Writs

Writ

Meaning

Purpose

Against Whom

Key Feature

Habeas Corpus

Have the body

Secure release from illegal detention

Detention authorities

Most fundamental liberty writ

Mandamus

We command

Compel performance of duty

Public authorities

Only for mandatory duties

Prohibition

To prohibit

Stop subordinate court from exceeding jurisdiction

Lower courts/tribunals

Preventive in nature

Certiorari

To be certified

Quash orders of subordinate authorities

Lower courts/tribunals

Corrective in nature

Quo Warranto

By what authority

Challenge illegal occupation of public office

Office holders

Liberal locus standi

Supreme Court vs High Court Writ Powers

Aspect

Supreme Court (Article 32)

High Courts (Article 226)

Scope

Only for fundamental rights enforcement

For any purpose including legal rights

Territorial jurisdiction

All India jurisdiction

Within state boundaries only

Constitutional status

Guaranteed fundamental right (Dr. Ambedkar's 'heart and soul')

Constitutional power but not fundamental right

Parliament's power

Cannot take away this power

Can extend to subordinate courts

Exam traps

Key distinction: SC writs only for fundamental rights, HC writs for any legal right. UPSC often tests this difference.

Article numbers: Article 32 (SC), Article 226 (HC). Don't mix up these constitutional provisions.