Q. Consider the following statements with reference to the Mandamus:
1. Mandamus is a command issued by the court to a public official asking him to perform his official duties.
2. The writ of mandamus cannot be issued against a private individual or body.
Which of the statements given above is/are correct?
Answer: C
Notes:
Exp) Option c is the correct answer.
Statement 1 is correct: Mandamus literally means ‘we command’. It 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 government for the same purpose.
Statement 2 is correct: The writ of mandamus cannot be issued
- Against a private individual or body;
- To enforce departmental instruction that does not possess statutory force;
- When the duty is discretionary and not mandatory;
- To enforce a contractual obligation;
- Against the president of India or the state governors; and
- Against the chief justice of a high court acting in judicial capacity
