Question Details

Writ is a public law remedy. It refers to a formal, written order issued by a judicial authority directing an individual or authority to do or refrain from doing an act. The High Court, while exercising its power of judicial review, does not act as an appellate body. It is concerned with illegality, irrationality and procedural impropriety of an order passed by the State or a Statutory Authority. A High Court is empowered to issue directions, orders or writs for the enforcement of Fundamental Rights and for any other purpose. The writ jurisdiction of High Court is discretionary and equitable. Writ of mandamus is issued by a court commanding a public authority to perform a public duty belonging to its office. It can be issued only when a legal duty is imposed on the authority and the petitioner has the right to compel the performance of such duty. Writ of mandamus is requested to be issued, inter alia, to compel performance of public duties which may be administrative, ministerial or statutory in nature. A writ of mandamus may be issued in favour of a person who establishes a legal right in himself. It may be issued against a person who has a mandatory legal duty to perform, but has failed or has neglected to do so. Such a legal duty emanates by operation of law. The writ of mandamus is most extensive in regards to its remedial nature. The object of mandamus is to prevent disorder emanating from failure of justice and is required to be granted in all cases where law has established no specific remedy.


Which of the following statements is incorrect?

Options

A

Writ of mandamus may be issued in favour of a person who establishes the existence of a legal right.

B

Writ of mandamus may be issued against a person or authority who has a mandatory duty to perform but has failed or has neglected to do so.

C

Writ of mandamus is purported to prevent disorder emanating from failure of justice.

D

Writ of mandamus may be requested to be issued to compel performance of private duties which may be administrative, ministerial or statutory in nature.

Show Answer

Correct Answer :

Option D

Writ of mandamus may be requested to be issued to compel performance of private duties which may be administrative, ministerial or statutory in nature.

Solution :

The correct option (the incorrect statement) is: Writ of mandamus may be requested to be issued to compel performance of private duties which may be administrative, ministerial or statutory in nature.


Step-by-Step Explanation:


1. Understanding the Nature of Mandamus:
A writ of mandamus is a command issued by a court directing a public authority, statutory body, or officer to perform a duty imposed by law. As explicitly stated in the passage: "Writ of mandamus is issued by a court commanding a public authority to perform a public duty belonging to its office."


2. Analyzing the Options:
- Option 1: "Writ of mandamus may be issued in favour of a person who establishes the existence of a legal right." — This statement is correct based on the text ("A writ of mandamus may be issued in favour of a person who establishes a legal right in himself.").
- Option 2: "Writ of mandamus may be issued against a person or authority who has a mandatory duty to perform but has failed or has neglected to do so." — This statement is correct based on the text ("It may be issued against a person who has a mandatory legal duty to perform, but has failed or has neglected to do so.").
- Option 3: "Writ of mandamus is purported to prevent disorder emanating from failure of justice." — This statement is correct based on the text ("The object of mandamus is to prevent disorder emanating from failure of justice...").
- Option 4: "Writ of mandamus may be requested to be issued to compel performance of private duties which may be administrative, ministerial or statutory in nature." — This statement is incorrect. Mandamus is used exclusively to compel the performance of public duties, not private duties ("...to compel performance of public duties which may be administrative, ministerial or statutory in nature.").


3. Conclusion:
Since the question asks to identify the statement that is incorrect, Option 4 is the correct choice.

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