Which one of the following writs is issued when the court finds that a particular office holder is not performing their legal duties and thereby infringing on an individual?
Answer & explanation
Correct answer: option 2
The correct answer is Option (2) → Mandamus
The Supreme Court (Article 32) and the High Courts (Article 226) can issue writs to protect people’s rights. Mandamus means “we command”: it is an order to a public official or body to perform a legal duty that it has failed to perform, when this failure harms a person’s rights.
Why the other options are incorrect
Option (1) Certiorari — Incorrect. A higher court orders a lower court or tribunal to send up a case and quashes an order already passed beyond its powers.
Option (3) Prohibition — Incorrect. A higher court stops a lower court from going on with a case outside its jurisdiction, before it decides.
Option (4) Quo Warranto — Incorrect. It asks “by what authority” a person holds a public office, and removes one who holds it without the right.