Writ of Mandamus
Writ of Mandamus
1. Meaning
Mandamus means “We command” in Latin.
It is a judicial order issued by a higher court (Supreme Court or High Court) to a public authority, government official, or lower court, directing them to perform a public or statutory duty that they have failed or refused to perform.
2. Purpose
To compel performance of a mandatory duty imposed by law.
To ensure public authorities act within the law and perform their functions.
It is a tool to protect citizens’ rights by enforcing duties of public officials.
3. Who Can Issue?
Supreme Court (under Article 32 of the Constitution)
High Courts (under Article 226 of the Constitution)
4. Against Whom Issued?
Public authorities
Government officials
Lower courts and tribunals
Statutory bodies
Note: Mandamus cannot be issued against private individuals or bodies.
5. When is it Issued?
When a public official fails to perform a duty required by law.
When a statutory or public duty is neglected or refused.
The duty must be mandatory, not discretionary.
6. Conditions
There must be a legal right in favor of the petitioner.
The duty must be public or statutory.
The official has failed or refused to perform the duty.
No other adequate remedy is available.
7. Examples
Compelling a government officer to issue a license.
Directing a lower court to hear a case.
Ordering a public authority to comply with environmental laws.
8. Difference from Other Writs
| Writ | Purpose | Against Whom |
|---|---|---|
| Mandamus | Compel performance of duty | Public authorities |
| Habeas Corpus | Release from unlawful detention | Any person |
| Prohibition | Prevent inferior court from acting illegally | Lower courts |
| Certiorari | Quash order of lower court/authority | Lower courts/authorities |
| Quo Warranto | Challenge authority of person holding office | Office holder |
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