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Aspirant Academy

RAS question

Which writ is issued by the court to direct a public authority to perform its mandatory duty?

Correct answer: (A) Mandamus.

Mandamus is the writ issued by a court to direct a public authority to perform a mandatory public duty it has failed to perform.

  1. (A)

    Mandamus

  2. (B)

    Certiorari

  3. (C)

    Habeas Corpus

  4. (D)

    Quo Warranto

Explanation

Mandamus literally means "we command", and its point is compulsion of duty, not correction of every administrative grievance. It is issued to direct a public official or authority to perform a duty that has not been performed. The Supreme Court of India describes mandamus as a public law remedy used to compel public or statutory authorities to discharge their duties and to act within their bounds, especially where there is refusal to perform duties. A court direction to a public authority to perform a mandatory duty is therefore a mandamus situation. The usual limits also matter: it is not issued against a private individual or the President or Governor.

Why the other options are wrong

  • (B) Certiorari does not compel performance of a mandatory public duty; mandamus is the writ used to compel public or statutory authorities to discharge their duties.
  • (C) Habeas Corpus does not enforce a public authority's mandatory duty, and that function is specifically attached to mandamus in the Supreme Court judgment.
  • (D) Quo Warranto does not address refusal or failure to perform a public duty, which the Supreme Court judgment links to mandamus.

Concept

Indian Polity treats constitutional remedies through the functional difference between writs. RAS writ questions often frame the remedy through its use, not merely through its Latin name.

Source

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