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    Question

    Writ of Mandamus cannot be issued, where a fundamental right is infringed by ______

    A A Statute Correct Answer Incorrect Answer
    B Private Body Correct Answer Incorrect Answer
    C A Statutory Order Correct Answer Incorrect Answer
    D An Executive Order Correct Answer Incorrect Answer

    Solution

    An order of mandamus is a command directed to any person, corporation or an inferior tribunal, requiring them to do some particular thing which pertains to their/his office and which is in the nature of a public duty. The public servants are responsible to the public for the lawfulness of their public duties and their actions under it. If a public authority fails to do what is required under law or does beyond what was to be done, a writ of mandamus may be issued to make him do what was required under law. Mandamus may also be issued to a tribunal to compel it to exercise the jurisdiction vested in it, which it has refused to exercise. Mandamus may also be issued where there is a specific legal right, without specific remedy for enforcement of such right and unreasonableness has no place.

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