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Consider the following statements:
Only an aggrieved person can seek a Quo-Warranto writ.
Mandamus cannot be issued against a private individual.
Certiorari can be issued even against administrative authorities.
Which of the statements given above is/are correct?
- a)2 only
- b)1 and 3 only
- c)2 and 3 only
- d)1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements: Only an aggrieved person can see...
To understand the correct answer, let's analyze each statement individually:
1) Only an aggrieved person can seek a Quo-Warranto writ:
- The writ of quo warranto is a legal remedy that is used to challenge the authority or legitimacy of a person holding a public office. It aims to determine whether the person is eligible and qualified to hold the office.
- As per the Constitution of India, only the Attorney General or the Advocate General of the State can initiate a quo warranto proceeding on behalf of the government. Therefore, statement 1 is incorrect.
2) Mandamus cannot be issued against a private individual:
- Mandamus is a writ that is issued by a higher court to a lower court or a public authority or an officer asking them to perform a specific duty that they are legally obligated to perform. It is used to ensure that the public authority or officer acts within the limits of their authority.
- Mandamus can be issued against both public authorities/officers and private individuals if they are performing a public duty or are under a statutory obligation. Therefore, statement 2 is incorrect.
3) Certiorari can be issued even against administrative authorities:
- Certiorari is a writ issued by a higher court to a lower court or an administrative authority to review the legality and correctness of their decision. It is used to correct errors of jurisdiction or errors of law.
- Certiorari can be issued against administrative authorities when they act outside their jurisdiction or violate the principles of natural justice. Therefore, statement 3 is correct.
Based on the above analysis, we can conclude that statement 3 is correct, while statements 1 and 2 are incorrect. Therefore, the correct answer is option 'C' - 2 and 3 only.
1) Only an aggrieved person can seek a Quo-Warranto writ:
- The writ of quo warranto is a legal remedy that is used to challenge the authority or legitimacy of a person holding a public office. It aims to determine whether the person is eligible and qualified to hold the office.
- As per the Constitution of India, only the Attorney General or the Advocate General of the State can initiate a quo warranto proceeding on behalf of the government. Therefore, statement 1 is incorrect.
2) Mandamus cannot be issued against a private individual:
- Mandamus is a writ that is issued by a higher court to a lower court or a public authority or an officer asking them to perform a specific duty that they are legally obligated to perform. It is used to ensure that the public authority or officer acts within the limits of their authority.
- Mandamus can be issued against both public authorities/officers and private individuals if they are performing a public duty or are under a statutory obligation. Therefore, statement 2 is incorrect.
3) Certiorari can be issued even against administrative authorities:
- Certiorari is a writ issued by a higher court to a lower court or an administrative authority to review the legality and correctness of their decision. It is used to correct errors of jurisdiction or errors of law.
- Certiorari can be issued against administrative authorities when they act outside their jurisdiction or violate the principles of natural justice. Therefore, statement 3 is correct.
Based on the above analysis, we can conclude that statement 3 is correct, while statements 1 and 2 are incorrect. Therefore, the correct answer is option 'C' - 2 and 3 only.
Community Answer
Consider the following statements: Only an aggrieved person can see...
- Quo Warranto means ‘by what authority or warrant’. It is issued by the court to enquire into the legality of the claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person.
- The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office.
- Any interested person and not necessarily the aggrieved person can seek Quo Warranto writ. Hence, statement 1 is not correct.
- Mandamus literally means ‘we command’. It is a command issued by the court to a public official asking him to perform the 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.
- The writ of mandamus cannot be issued
- against a private individual or body. Hence statement 2 is correct.
- 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
- against the chief justice of a high court acting in a judicial capacity
Hence, statement 3 is correct.
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Consider the following statements: Only an aggrieved person can seek a Quo-Warranto writ. Mandamus cannot be issued against a private individual. Certiorari can be issued even against administrative authorities. Which of the statements given above is/are correct?a)2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements: Only an aggrieved person can seek a Quo-Warranto writ. Mandamus cannot be issued against a private individual. Certiorari can be issued even against administrative authorities. Which of the statements given above is/are correct?a)2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements: Only an aggrieved person can seek a Quo-Warranto writ. Mandamus cannot be issued against a private individual. Certiorari can be issued even against administrative authorities. Which of the statements given above is/are correct?a)2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements: Only an aggrieved person can seek a Quo-Warranto writ. Mandamus cannot be issued against a private individual. Certiorari can be issued even against administrative authorities. Which of the statements given above is/are correct?a)2 onlyb)1 and 3 onlyc)2 and 3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?.
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