If a public official refuses to perform a duty fixed by law, what relief can a citizen seek?
Answer and explanation
Correct answer: Mandamus
Mandamus means a command issued by a court to a public authority requiring it to perform a public or legal duty that it has unlawfully failed or refused to perform. Thus option B is correct: the facts describe a public official, a duty fixed by law and a refusal to act. Quo Warranto challenges a person’s authority to hold a public office; Habeas Corpus protects a person from unlawful detention; and Prohibition restrains a lower court or tribunal from continuing proceedings outside its jurisdiction. The remedy is not generally a direction to perform a purely private or discretionary act, so the legal nature of the duty matters. The question’s wording directly matches Mandamus.
Frequently asked questions
What is the correct answer to this question?
Mandamus
Why is this the correct answer?
Mandamus means a command issued by a court to a public authority requiring it to perform a public or legal duty that it has unlawfully failed or refused to perform. Thus option B is correct: the facts describe a public official, a duty fixed by law and a refusal to act. Quo Warranto challenges a person’s authority to hold a public office; Habeas Corpus protects a person from unlawful detention; and Prohibition restrains a lower court or tribunal from continuing proceedings outside its jurisdiction. The remedy is not generally a direction to perform a purely private or discretionary act, so the legal nature of the duty matters. The question’s wording directly matches Mandamus.
Which subject and chapter does this question cover?
This is a Class 9 Civics question. Chapter: Democratic Rights. Topic: Right to Constitutional RemediesExpanding scope of rights.
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