Q. With reference to the writs issued by the Courts in India, consider the following statements:

  1. Mandamus will not lie against a private organization 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

Types of writs:
  • Mandamus’ means ‘we command’. Mandamus is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose.
    • It cannot be issued against a private individual or body, the President or Governors of States, or against a working Chief Justices.
      • It is usually not usable against a private entity unless it is entrusted with a public duty.
    • As explained above, Mandamus can be used against a government corporation and/or company.
  • Quo Warranto:
    • It is issued by the court to inquire into the legality of the claim made by the person who is holding a public office.
    • Hence, it prevents illegal usurpation of public office by a person. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person.
    • The ministerial office cannot be the target of it.
    • This writ is used to determine who has the legal authority to hold a public office in the event of a disagreement.
  • Habeas Corpus:
    • ‘Habeas Corpus’ literally means “to have a body of”.
    • This writ is used to release a person who has been unlawfully detained or imprisoned.
    • By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his detention.
    • If the Court concludes that the detention was unlawful, then it directs the person to be released immediately. 
  • Prohibition:
    • It is issued by the High Court or the Supreme Court to the subordinate court or the tribunal to prevent them from exceeding their jurisdiction which hasn’t been vested upon them under the law.
    • It cannot be applied to statutory bodies, administrative agencies, or private individuals or businesses.
    • Only judicial and quasi-judicial organisations are subject to it.
  • Certiorari:
    • It is issued by the High Court or the Supreme Court to the judicial or quasi-judicial authorities when such authority passes the order without having jurisdiction in such case, exceeding the jurisdiction conferred upon it, or when it violates the principle of natural justice. 
    • It is issued against a lower court or tribunal in order to transfer the matter to another superior body for careful consideration.