
The writ of mandamus cannot be issued against ____________.
A. A private individual or body
B. To enforce departmental instruction that does not possess statutory force
C. When the duty is discretionary or not mandatory
D. All of these
Answer
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Hint: A constitution is a total of central standards or sets up points of reference that establish the legitimate premise of a country, association, or another kind of substance and ordinarily decide how that element is to be administered. When these standards are recorded into a solitary report or set of authoritative archives, those records might be said to exemplify a written constitution. A few constitutions are uncodified, yet written in various key Acts of a governing body, legal disputes, or settlements.
Complete answer:
The literal significance of mandamus writ is 'We order.' This writ is utilized by the court to arrange the public authority who has neglected to play out his obligation or would not carry out his responsibility, to continue his work. Other than open authorities, Mandamus can be given against any open body, an organization, a mediocre court, a council, or government for a similar reason.
Mandamus can't be given against a private person. Also, Mandamus cannot be given in the accompanying cases:
To implement departmental guidance that doesn't have the legal power
To arrange somebody to work when the sort of work is optional and not compulsory
To implement a legally binding commitment
Mandamus can't be given against the Indian President or State Governors Against the Chief Justice of a High Court acting in a legal limit
Thus, option (D) is correct.
Note: Writs are written orders from the Supreme Court or High Court that orders sacred solutions for Indian Citizens against the infringement of their crucial rights. Article 32 in the Indian Constitution manages established cures that an Indian resident can look for from the Supreme Court and High Court against the infringement of his/her crucial rights. A similar article gives the Supreme Court capacity to give writs for the authorization of rights while the High Court has a similar force under Article 226.
Complete answer:
The literal significance of mandamus writ is 'We order.' This writ is utilized by the court to arrange the public authority who has neglected to play out his obligation or would not carry out his responsibility, to continue his work. Other than open authorities, Mandamus can be given against any open body, an organization, a mediocre court, a council, or government for a similar reason.
Mandamus can't be given against a private person. Also, Mandamus cannot be given in the accompanying cases:
To implement departmental guidance that doesn't have the legal power
To arrange somebody to work when the sort of work is optional and not compulsory
To implement a legally binding commitment
Mandamus can't be given against the Indian President or State Governors Against the Chief Justice of a High Court acting in a legal limit
Thus, option (D) is correct.
Note: Writs are written orders from the Supreme Court or High Court that orders sacred solutions for Indian Citizens against the infringement of their crucial rights. Article 32 in the Indian Constitution manages established cures that an Indian resident can look for from the Supreme Court and High Court against the infringement of his/her crucial rights. A similar article gives the Supreme Court capacity to give writs for the authorization of rights while the High Court has a similar force under Article 226.
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