Comprehension
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 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.
Question: 1

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?

Updated On: Jul 14, 2026
  • Writ of mandamus cannot be granted as no legal duty was imposed on the government to grant dearness allowance.
  • Writ of mandamus cannot be granted as a statutory right was conferred on the employee to receive dearness allowance.
  • Writ of mandamus can be granted as it is a public law remedy.
  • Writ of mandamus can be granted as it is a discretionary remedy.
Show Solution

The Correct Option is A

Solution and Explanation

Applying the passage's test for mandamus, an existing legal duty on the authority plus a corresponding legal right in the petitioner, to these facts is the fastest way to reach the answer.

Here, the government's rule made granting dearness allowance discretionary, not mandatory. That single fact means no legal duty was ever imposed on the government to grant it, so the very first requirement for mandamus fails.

The option claiming a "statutory right was conferred" contradicts the facts, since a discretionary rule confers no such right, so its reasoning is factually wrong even though it reaches the same "cannot be granted" outcome.

The two "can be granted" options both fail because they treat mandamus as available merely because it is a public law remedy, or merely because the writ jurisdiction is discretionary and equitable, without addressing the missing legal duty, which the passage identifies as the essential precondition.

Since no legal duty was imposed on the government here, mandamus cannot be granted, and the correct answer is Writ of mandamus cannot be granted as no legal duty was imposed on the government to grant dearness allowance.
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Question: 2

A public-spirited citizen filed a writ petition seeking a mandamus to compel the government to make a law to curb the ill-effects of climate change. In the given situation. which of the following statements is true?

Updated On: Jul 14, 2026
  • Writ of mandamus can be granted as it is an equitable remedy.
  • Writ of mandamus cannot be granted as no legal duty is imposed on the government to pass a law to curb the ill-effects of climate change.
  • Writ of mandamus can be granted as it is a discretionary remedy.
  • Writ of mandamus cannot be granted as there is no violation of fundamental right.
Show Solution

The Correct Option is B

Solution and Explanation

The governing principle here is that mandamus is available only when a public authority is under an existing legal duty, imposed by the Constitution, a statute, or a rule, and it has failed to perform that duty. It cannot be used to create a new duty or to direct a legislature on what laws to pass, since law-making is a discretionary, policy function of the legislature, not a compellable duty owed to any individual.

Applying this to the facts: there is no constitutional or statutory provision that obliges the government to pass a law specifically on climate change. Calling the remedy "equitable" or "discretionary" does not change this, discretion in granting mandamus only comes into play once a duty is shown to exist, and here none does. Nor is the outcome tied to whether a fundamental right is violated, since mandamus is available for breach of any legal duty, not fundamental rights alone, so that is not the operative reason either.
Since the government owes no legal duty to legislate on this subject, the writ petition cannot succeed on this ground.

The correct answer is that mandamus cannot be granted, because no legal duty is imposed on the government to pass such a law.

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Question: 3

Mr. A and Mr. B are parties to a contract of sale of goods. Upon breach of contractual obligations by Mr. A. Mr. B filed a writ petition seeking a mandamus to compel Mr. A to perform his obligations under the contract. In the given situation. which of the following statements is true?

Updated On: Jul 14, 2026
  • Writ of mandamus can be granted as it is a discretionary remedy.
  • Writ of mandamus cannot be granted as there is no violation of fundamental right.
  • Writ of mandamus cannot be granted as Mr. B's right under the contract is a private right.
  • Writ of mandamus can be granted as there is no statutory duty imposed on Mr. A to fulfill his contractual obligations.
Show Solution

The Correct Option is C

Solution and Explanation

Mandamus is confined to compelling the performance of public duties, obligations that a public authority or a person discharging public functions owes to the public at large or to a class of persons, and that are traceable to a statute, rule, or constitutional provision. It is not a substitute for ordinary civil remedies available for breach of contract between private parties.

Here, Mr. A and Mr. B are simply parties to a private contract of sale of goods. Whatever obligation Mr. A owes Mr. B arises solely from that contract and is owed to Mr. B alone, not to the public. Labelling mandamus a discretionary remedy does not change this, discretion only matters once a qualifying public duty is shown, and none exists on these facts. Similarly, the fundamental-rights angle is beside the point, since mandamus is not limited to fundamental-rights breaches, so that is not why the petition fails. Framing the absence of a statutory duty as a reason mandamus should be granted also gets the analysis backwards, since it is precisely that absence which defeats the petition.
Mr. B's proper recourse lies in a suit for breach of contract or specific performance under ordinary civil law, not a writ petition.

The correct answer is that mandamus cannot be granted, because Mr. B's right under the contract is a private right.

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Question: 4

A licensing officer is under a statutory duty to issue a license to an applicant who fulfils the conditions prescribed for the issue of such license. Mr. X, an applicant, fulfilled all the conditions prescribed for the issue of such license, but his application for issuance of license was rejected by the licensing officer. In the given situation, which of the following statements is correct?

Updated On: Jul 14, 2026
  • Writ of mandamus can be granted compelling the license officer to issue the license.
  • Writ of mandamus cannot be granted compelling the license officer to issue the license as there is no violation of fundamental right.
  • Writ of mandamus can be granted as it is the discretion of the licensing officer to grant license.
  • Writ of mandamus cannot be granted compelling the license officer to issue the license as there is no violation of public duty.
Show Solution

The Correct Option is A

Solution and Explanation

A useful way to analyse mandamus cases is to first ask whether the authority's duty is mandatory or discretionary. Where a statute lays down objective conditions for granting a benefit, such as a license, and directs that it must be granted once those conditions are met, the authority's role becomes purely ministerial. It no longer has any choice in the matter, and refusal in the face of fulfilled conditions is an unlawful failure to perform a public duty, which mandamus exists to correct.

On the facts, Mr. X fulfilled every condition the statute prescribed, yet the officer refused to issue the license. That refusal breaches a clear statutory obligation, so mandamus is available regardless of whether any fundamental right is also affected, since mandamus reaches ordinary statutory duties too, not just fundamental-rights breaches. Nor can the refusal be excused as an exercise of discretion, because the statute leaves the officer no discretion once conditions are satisfied, the duty is mandatory, not optional.
The failure to issue the license despite satisfied conditions is itself the violation of public duty that grounds the writ.

The correct answer is that mandamus can be granted, compelling the licensing officer to issue the license.

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Question: 5

Which of the following statements is incorrect?

Updated On: Jul 14, 2026
  • Writ of mandamus may be issued in favour of a person who establishes the existence of a legal right.
  • Writ of mandamus may be issued against a person or authority who has a mandatory duty to perform but has failed or has neglected to do so.
  • Writ of mandamus is purported to prevent disorder emanating from failure of justice.
  • Writ of mandamus may be requested to be issued to compel performance of private duties which may be administrative, ministerial or statutory in nature.
Show Solution

The Correct Option is D

Solution and Explanation

Since this is an "identify the incorrect statement" question, the quickest approach is to check each option against the one defining feature of mandamus, that it enforces public duties, not private ones.

Statements A, B and C all describe well-settled features of mandamus: it protects a petitioner's existing legal right, it is directed at an authority that has neglected a mandatory duty, and its underlying purpose is to prevent the disorder that would follow if public duties went unperformed. None of these misstates the law, so none of them is the incorrect option.
Statement D, however, describes mandamus as compelling performance of "private duties" that are administrative, ministerial or statutory in nature. That description is flawed at its core, administrative, ministerial and statutory duties enforceable by mandamus are public duties owed to the public or a section of it, not private duties owed between individuals. Private duties are the domain of ordinary civil suits, not writ jurisdiction.

The correct answer is Option D, since it wrongly calls these duties "private" when they are properly public in character.

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