2022 GS Paper I, all questions

UPSC Prelims 2022 · GS Paper I

Question 18: Polity and Governance

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

  1. 1.Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
  2. 2.Mandamus will not lie against a Company even though it may be a Government Company.
  3. 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 ?

a1 and 2 only
b2 and 3 only
c1 and 3 only
d1, 2 and 3

AnswerUPSC’s answer is (d).

Mandamus commands a public authority to perform a public duty. It does not lie against a purely private body unless that body has been entrusted with a public duty. By the traditional rule applied here, it is also not issued against a company, even a government company, which is a separate legal entity and not itself a statutory authority. Quo warranto challenges a person's claim to a public office, and any public-spirited person may move the court; the petitioner need not be personally aggrieved.

  • 1. A private body is amenable to mandamus only where it performs a public duty.
  • 2. UPSC treats a company, even a government one, as a separate entity against which mandamus does not lie.
  • 3. Quo warranto can be sought by any public-minded person, not only the aggrieved.

How you could have got this

  1. If you were sure statement 1 is correct, (b) goes: it leaves 1 out.

    What you needed to know: A private body is amenable to mandamus only where it performs a public duty.

  2. Then, if you were sure statement 2 is correct, (c) goes: it leaves 2 out.

    What you needed to know: UPSC treats a company, even a government one, as a separate entity against which mandamus does not lie.

  3. Then, if you were sure statement 3 is correct, (a) goes: it leaves 3 out.

    What you needed to know: Quo warranto can be sought by any public-minded person, not only the aggrieved.

Only (d) is left. This one needs every statement.

Which options go is worked out from UPSC’s key and the options, not by a model.

Why each option is right or wrong
  • (a) Wrong. Statement 3 is also correct.
  • (b) Wrong. Statement 1 is also correct.
  • (c) Wrong. Statement 2 is also correct in UPSC's key.
  • (d) Correct. All three statements are accepted as correct.

Worth knowing: Statement 2 is contestable, since courts have issued writs against government companies that act as instrumentalities of the State, but UPSC's key treats it as correct.

Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.

Source: UPSC, Civil Services (Preliminary) Examination 2022, General Studies Paper I, Series A. The paper on upsc.gov.in.