Question

Out of the given answers, in which situation does the Writ of Mandamus not lie to compel the Government ?
1. Appoint a Commission to study climate changes
2. Fill vacant seats in a Government Medical College
3. Maintain cleanliness in railway stations
4. Construct cyclone shelters in a cyclone prone area

Answer 1

Correct Answer - Option 1 : Appoint a Commission to study climate changes

The correct answer is to Appoint a Commission to study climate changes.

• A Writ means a formal written command of the Court that commands constitutional remedies for Indian citizens against the violation of their fundamental rights.
• Writs are a very essential part of the judicial power of the Courts.
• The Indian Constitution provides 5 types of writs that can be issued by the courts:
  • Habeas Corpus: This writ is issued by the Courts in those cases where a person is illegally detained. Habeas Corpus means ' to have the body.
  • Mandamus: It means " We Command". It is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty.
  • Certiorari: It means to be certified. This writ can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal, or quasi-judicial authority.
  • Prohibition: This writ means to forbid or to stop and it is popularly known as ' Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it.
  • Quo-Warranto: This writ means " by what warrants?". It is a writ issued with a view to restraining a person from holding a public offense to which he is not entitled.

• Under Article 32(2) of the Constitution of India, the Supreme Court shall have the power to issue directions or order, or writs.
• The power to issue Writs is also provided to the High Courts of India under Article 226.