RISHABH
WRIT OF MANDAMUS
RISHABH SACHDEVA 7 Feb 2020

WRIT OF MANDAMUS

WRIT OF MANDAMUS

INTRODUCTION

Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High court when any government, court, corporation or any public authority has to do a public duty but fails to do so. Writ of Mandamus can be used to order a job to be done, or it may allow an operation to be stopped in other situations.

TYPES OF WRITS OF MANDAMUS

1.      Alternative Mandamus

As the first step in the writ of Mandamus process, an alternative mandamus is issued. The alternative Mandamus requires the defendant to execute the required act, or appear in court to justify why it was not done.

2.      Peremptory Mandamus

A peremptory mandamus is issued when the defendant fails to demonstrate sufficient grounds for failing to carry out the act in question to comply with the alternative mandamus.

3.      Continuing Mandamus

A continuing mandamus is issued to a lower public authority requesting that it perform its required tasks to prevent a miscarriage of justice.

ORIGIN OF MANDAMUS IN INDIA

A continuing mandamus is issued to a lower public authority requesting it to perform its tasks in order to avoid a miscarriage of justice. In India the writ of Mandamus follows the English pattern. In pre-independent India, the three Supreme Courts derived the power to issue a Mandamus Writ within the towns of the Presidency by the respective charters. The letters patent creating the Supreme Court at Calcutta in 1773 introduced Mandamus in India. The Supreme Courts were empowered to grant the writ in the cities of the Presidency. In 1877, the Specific Relief Act replaced an order in the nature of mandamus in place of the Writ of the mandamus for the purpose of' requiring any specific act to be done or forborne by any person holding a public office within the local limits of his ordinary civil jurisdiction.

In a Leading case Raman & Raman v. State of Madras, A.l.R. 1959 S.C. 694 & State of Assam v. Ajit Kumar, A.l.R. 1965 S.C. 1196, it was said that Mandamus will not issue to enforce departmental manuals or instructions not having any statutory force which do not give rise to any legal right in favour of the petitioner”

In a case Binny Limited V. Sadasivan, 2005 AIR (SC) 3202, it was said “A writ of mandamus or remedy is pre -eminently a public law remedy and is not generally available against private wrongs. It is used for enforcement of various rights of the public or to compel the public statutory authorities to discharge their duties and to act within the bounds. It may be used to do justice when there is wrongful exercise of power or a refusal to perform duties.”

TO WHOM MANDMUS WILL NOT APPLY

In India it will not lie in their personal capacities on the President and the Governor of a State. The Constitution, however, expressly provides that appropriate proceedings may be brought against the Government of India and a State Government. Furthermore, the Constitution empowers the courts "to issue to any person or authority, including, where appropriate, any government" any of the writings mentioned in it. Then Mandamus is given against the Government

 

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