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.


The government of a state made a rule to make it discretionary to grant dearness allowance to its employees. One of the employees filed a writ petition seeking a mandamus to compel the government to grant dearness allowance. In the given situation, which of the following statements is true?

Options

A

Writ of mandamus cannot be granted as no legal duty was imposed on the government to grant dearness allowance.

B

Writ of mandamus cannot be granted as a statutory right was conferred on the employee to receive dearness allowance.

C

Writ of mandamus can be granted as it is a public law remedy.

D

Writ of mandamus can be granted as it is a discretionary remedy.

Show Answer

Correct Answer :

Option A

Writ of mandamus cannot be granted as no legal duty was imposed on the government to grant dearness allowance.

Solution :

Correct Answer: Writ of mandamus cannot be granted as no legal duty was imposed on the government to grant dearness allowance.


Step-by-Step Explanation:


1. Understanding the Writ of Mandamus:
According to the provided passage, a writ of mandamus is a judicial command issued to a public authority to perform a legal duty. For a writ of mandamus to be issued, two essential conditions must be fulfilled:
• A mandatory legal duty must be imposed by operation of law upon the authority.
• The petitioner must possess a corresponding legal right to compel the performance of that duty.


2. Analyzing the Scenario:
The problem specifies that the state government made a rule making the grant of dearness allowance discretionary. Because granting the allowance is discretionary rather than mandatory, there is no binding legal obligation imposed on the government to grant it, nor does the employee have an enforceable legal right to demand it.


3. Evaluating the Options:
Since a writ of mandamus cannot be issued to enforce a purely discretionary function where no mandatory legal duty exists, the court cannot compel the state government to pay the dearness allowance.


Conclusion:
Therefore, the correct statement is that a writ of mandamus cannot be granted as no legal duty was imposed on the government to grant dearness allowance.

Unlock Our Free Library

Access expert-curated educational resources and study materials—completely free.

Discover more resources

You may also like

Mock Tests

View All
  • CLAT
  • intermediate
  • 2 hours
  • current affairs, general knowledge, legal reasoning, logical reasoning, quant

  • CLAT
  • intermediate
  • 2 hours
  • current affairs, english, general knowledge, legal reasoning, logical reasoning, quant

Ask AI Tutor
5 left
Q1 View Question & Options
AI Tutor is solving this question...
Reading question context & options...