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Question

Which one of the following is the correct statement ?

The correct answer is
While certiorari can be issued against judicial or quasi-judicial authorities, mandamus can be issued against administrative authorities also.

Understanding Writ Jurisdiction

The question asks to identify the correct statement regarding the scope of the writs of certiorari and mandamus.

Writ of Certiorari

  • Purpose: Used to quash decisions made by judicial, quasi-judicial, or administrative bodies acting in a judicial capacity, if they are illegal (e.g., acting without or in excess of jurisdiction, or based on an error of law apparent on the face of the record).
  • Target Authorities: Primarily judicial and quasi-judicial authorities.

Writ of Mandamus

  • Purpose: Compels a public official, body, or court to perform a public duty which they have failed or refused to perform.
  • Target Authorities: Public officials, government departments, corporations, administrative bodies, and lower courts.

Evaluating the Options

Let's analyze each statement:

  • Option 1: States certiorari applies to judicial/quasi-judicial bodies, while mandamus also applies to administrative authorities. This aligns with the established principles. Certiorari reviews the legality of decisions made by bodies performing judicial functions. Mandamus ensures public bodies, including administrative ones, perform their legally mandated duties. This statement is correct.
  • Option 2: Claims mandamus can declare an Act ultra vires. Declaring an Act ultra vires is typically a function of superior courts in substantive judicial review, not the primary purpose of mandamus. Certiorari corrects errors in decided matters, not declares primary legislation invalid.
  • Option 3: Suggests certiorari prevents excess jurisdiction, but mandamus cannot. While certiorari is indeed used to quash decisions made in excess of jurisdiction, mandamus's role is to compel lawful action. The statement implies mandamus cannot address jurisdictional issues at all, which might be an oversimplification, but more importantly, it contrasts the primary functions incorrectly. Certiorari is the specific remedy for quashing jurisdictional errors.
  • Option 4: States certiorari cannot be issued against usurping a public office, but Mandamus can. The specific writ for challenging the usurpation of a public office is Quo Warranto. While mandamus compels performance of duties, it's not the direct remedy for challenging someone's right to hold office.

Conclusion

Based on the analysis, Option 1 accurately describes the distinct scopes of certiorari and mandamus concerning the types of authorities they can be issued against.

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Important Questions from Administrative Law

  1. Which of the following are the characteristics of Weber's bureaucracy ?
    1. Selection on the basis of professional qualifications
    2. Appointment on contract basis
    3. Staff members personally free
    4. Officials free to leave the post
    Select the correct answer from the codes given below :
  2. Which one of the following statements about the disadvantages of territorial principle of administrative organization is wrong ?
  3. Which one of the following was not a substitute of Merit System found earlier ?
  4. In UK, merit-based recruitment was adopted on the recommendation of which report ?
  5. Regarding the liability of holders of public office, when an official fails to perform a legal duty, it is known as
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