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THE WRIT OF MANDAMUS- AN ANALYSIS

Courtesy/By: Amulya Bhat | 2019-07-02 10:59     Views : 264

The constitution through article 32 and article 226 gives the constitution power to issue writs when there is a breach in fundamental right of any citizen. By issuing such writs, the judiciary can control the excessive and arbitrary use of discretion and power. There are five types of writs which are usually issued by the high court and the supreme court. They are mandamus, Habeas Corpus, Certiorari, Prohibition, Quo warranto.


The Writ of Mandamus, in simple terms is the writ that is ordered from a court which is superior in jurisdiction to a court which is inferior in jurisdiction such as an inferior tribunal, corporation, etc. In Latin, Mandamus means “We Command”. According to the Black Law’s Dictionary, Mandamus means ‘A Writ which is issued by a court to compel Performance of a particular Act by Lower Court or a Governmental officer or body, to correct a prior Action or failure to act.’ To request of enforcing a Writ of mandamus, the party requesting for its issue must show that they have a legal right to force the respondent to do or refrain from
doing the act. The duty must, however, be of public nature and also not discretionary, but not imperative. The Writ of Mandamus lies in cases where there is no Legal remedy to enforce a right. The Writ, however, can be granted only by the court to which the application for the granting of the writ is made. This writ is only available for public wrong remedy and not for a private wrong.


The writ can be issued in cases where:
(i) The applicant has a legal right to perform the legal duty
(ii) The legal duty of the applicant must of a public nature. No writ will be issued for private duty or right. However, in the case of Prakaslt vs. Principal [AIR    1965    MP 217,218], it was held that mandamus cannot be available in cases where the order of petitioner is that of ultra vires.
(iii) The petitioner must not be terminated before the date of issue of writ.
(iv) Anybody who can be injured by the public order can apply for the issue of this writ.

The Writ of Mandamus cannot be issued against any officer or member of parliament or of a legislature with whom the powers vested are under the constitution of India.

In Conclusion, the mandamus is a writ, the purpose of which is to protect the public from powers which can affect their liabilities and rights. The writ makes sure the powers are duly fulfilled and not misused and if misused by the administrative body it will protect the public from such a misuse. It is a basic tool or weapon in the hands of the public against the administration, if the administration fails to fulfil their public duty or misuses the power.

Courtesy/By: Amulya Bhat | 2019-07-02 10:59