Question

The writ which is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual is called :

• A. Prohibition
• B. Habeas Corpus
• C. Quo Warranto
• D. Mandamus

Answer 1

Answer:

D. Mandamus

• Writs in the Indian Constitution
  • Habeas Corpus.
  • Mandamus.
  • Quo Warranto.
  • Certiorari.
  • Prohibition.

  • The literal meaning of this writ is ‘We command.’ This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose.

    Facts about Mandamus in India:

    • Unlike Habeas Corpus, Mandamus cannot be issued against a private individual
    • Mandamus can not be issued in the following cases:
      • To enforce departmental instruction that does not possess statutory force
      • To order someone to work when the kind of work is discretionary and not mandatory
      • To enforce a contractual obligation
      • Mandamus can’t be issued against the Indian President or State Governors
      • Against the Chief Justice of a High Court acting in a judicial capacity