Mandamus – ‘We command’.
Meaning of Mandamus
Mandamus is a Latin term meaning “We command.” In legal terms, it is a writ issued by a court to a public authority, government official, or inferior court, directing them to perform a public or statutory duty which they have failed or refused to perform.
It is a remedy to enforce the performance of a public duty and is generally issued when there is no other adequate remedy available.
Legal Basis
India: Article 32 and Article 226 of the Constitution of India empower the Supreme Court and High Courts to issue the writ of mandamus.
Article 32: Right to constitutional remedies – the Supreme Court can issue writs including mandamus.
Article 226: High Courts can issue writs for enforcement of fundamental rights and for other purposes.
Common Law: Mandamus exists in English law and other common law countries as a judicial remedy to compel performance of statutory duties.
Conditions for Issuing Mandamus
Existence of a Legal Duty: The duty must be public or statutory, not discretionary.
Petitioner Must Have a Right: The petitioner should have a legal right to demand the action.
No Alternative Remedy: Mandamus is not issued if another legal remedy is available.
Authority Must Be Public: Can only be issued against a public official, statutory authority, or inferior court.
Types of Mandamus
Alternative Mandamus: Orders the authority to do the act but allows them some discretion on how to do it.
Peremptory Mandamus: Directly commands the performance of duty without discretion.
Preventive Mandamus (Prohibitory): Prevents an authority from doing something illegal or beyond its jurisdiction.
Illustrative Case Law
R. v. Electrical Commissioners, 1923:
The court issued mandamus directing the authorities to perform their statutory duties, emphasizing that public authorities cannot neglect their obligations.
Union of India v. R. Gandhi, 2010 (India):
The Supreme Court issued mandamus against the Union of India to enforce timely completion of statutory obligations regarding judicial appointments.
State of Uttar Pradesh v. Pradhan, AIR 1960 SC 1121:
Mandamus was issued to a government officer who refused to perform a statutory duty.
External Law Reference – English Law:
Mandamus is recognized under the Judicature Act 1873 (UK) and common law principles.
Example: R v. Secretary of State for the Home Department, ex p. Fire Brigades Union (1995) – Mandamus can be refused if statutory discretion exists but can compel performance of clear statutory duties.
Key Points
Mandamus cannot compel the performance of a purely discretionary act.
It is only enforceable against public authorities or officials, not private individuals.
It enforces the performance of legal duty, not the exercise of judgment.
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