Writ of Mandamus – Legal Reasoning CLAT 2022 Practice Questions

Certainly! It seems like you’ve provided practice questions on the “Writ of Mandamus” for CLAT Legal Reasoning.

Passage

A writ is like a formal letter from a judge telling someone to either do something or stop doing something. When the High Court uses this power, it’s not acting like a judge on appeal but more like a watchdog, making sure the government or other authorities are not being illegal, crazy, or doing things the wrong way. The High Court can issue these letters, or writs, to make sure people’s fundamental rights are protected and for other reasons too.

The High Court doesn’t have to issue these writs—it’s up to them, and they do it in a fair way. One specific kind of writ is called “mandamus,” which is like a bossy letter telling a public authority to do a job that’s part of their official duties. This only happens if the law says they have to do it, and the person asking for the mandamus has a right to make them do it. So, it’s like a legal nudge to prevent things from getting messy when justice is on the line and there’s no other clear solution in the law.

Practice Questions for Writ of Mandamus

Question: In a scenario where a state government has decided to give its employees the choice to grant dearness allowance, a specific employee has filed a writ petition asking for a mandamus to force the government to provide dearness allowance. In this context, which of the following statements is accurate?

(A) The government cannot be compelled through a writ of mandamus because there is no legal obligation imposed on them to provide dearness allowance.

(B) Mandamus cannot be issued since the employee has a statutory right to receive dearness allowance, making it unnecessary to enforce through a writ.

(C) Mandamus is a viable remedy as it falls under public law, providing a means to address issues related to government actions.

(D) Mandamus can be granted at the discretion of the court, making it a flexible remedy that may be applied based on the specific circumstances of the case.

Question: Which of the following statements is correct when a concerned citizen has submitted a writ petition, urging the government to enact a law addressing the adverse impacts of climate change?

(A) Yes, a writ of mandamus can be granted because it’s a fair solution.

(B) No, a writ of mandamus cannot be granted because the government is not legally obligated to pass a law addressing the harmful effects of climate change.

(C) Yes, a writ of mandamus can be granted because it’s a remedy that can be applied at the court’s discretion.

(D) No, a writ of mandamus cannot be granted because there is no infringement of fundamental rights.

Question: Is it correct to say that if Mr. A breaches their contract with Mr. B, and Mr. B files a writ petition, the court can issue a mandamus to force Mr. A to fulfill his contractual duties?


(A) Mr. A may be eligible for a writ of mandamus because it is a discretionary remedy that could potentially be granted in certain situations.

(B) It seems unlikely that a writ of mandamus would be granted in this case since there is no apparent violation of fundamental rights.

(C) The chances of obtaining a writ of mandamus are slim for Mr. B because his right under the contract is considered a private matter, making it less likely to be addressed through this legal remedy.

(D) Mr. A might be eligible for a writ of mandamus as there is no specific statutory duty compelling him to fulfill his contractual obligations.

Question: Is it accurate to say that, even though Mr. X met all the required conditions for obtaining a license, the licensing officer still rejected his application, despite being obligated by law to issue a license to eligible applicants?

(A) You can ask the court for a Writ of Mandamus to make the license officer issue the license if they’re not doing it willingly.

(B) The court won’t issue a Writ of Mandamus to force the license officer if there’s no violation of fundamental rights.

(C) The court can grant a Writ of Mandamus because it’s up to the license officer’s discretion to grant the license.

(D) The court won’t issue a Writ of Mandamus to make the license officer issue the license unless there’s a violation of their public duty.

Question: Which of the following statements is incorrect?

(A) If you can prove that you have a legal right, you might be able to ask for a writ of mandamus.

(B) If there’s someone in charge who’s supposed to do something important but hasn’t, you could request a writ of mandamus against them.

(C) The idea behind the writ of mandamus is to prevent chaos that could arise from a lack of justice.

(D) You can ask for a writ of mandamus not only to make government officials do their jobs but also to get regular folks to fulfill their administrative, ministerial, or statutory duties.

Answers

  1. A
  2. B
  3. C
  4. A
  5. D

Read Also: General Defences in Law of Torts

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