In which situation should Mandamus not be issued?
Answer and explanation
Correct answer: When a private person has no public duty
The governing concept is the writ of Mandamus, a judicial command used to require a public authority, public officer, court, corporation, or other body to perform a legal and public duty that it has failed or refused to perform. Its essential condition is the existence of an enforceable public duty; it is not normally issued to direct a purely private person who owes no public obligation. Therefore, option B is correct because a private individual without a public duty falls outside the ordinary scope of Mandamus. Options A, C, and D describe failures by public authorities to perform legal or public responsibilities, so they may provide the kind of situation in which this writ can be considered. The writ does not create a new duty; it enforces an existing one.
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What is the correct answer to this question?
When a private person has no public duty
Why is this the correct answer?
The governing concept is the writ of Mandamus, a judicial command used to require a public authority, public officer, court, corporation, or other body to perform a legal and public duty that it has failed or refused to perform. Its essential condition is the existence of an enforceable public duty; it is not normally issued to direct a purely private person who owes no public obligation. Therefore, option B is correct because a private individual without a public duty falls outside the ordinary scope of Mandamus. Options A, C, and D describe failures by public authorities to perform legal or public responsibilities, so they may provide the kind of situation in which this writ can be considered. The writ does not create a new duty; it enforces an existing one.
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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