WRIT OF MANDAMUS

-By Shubham Jadia

Writ of Mandamus is such an interesting topic and an important part of constitution as well. The
Writ of Mandamus is only understandable when we know what the “Writ” means.

Understanding the “Writ”

The word Writ is an order issued by legal authorities with administrative or juridical powers,
emblematic a court. According to English Monarch, a Writ was merely a written order to such a
person to undertake a such action. By such writs, the Judiciary will manage the executive actions
and prevent any quite discretionary use of power and arbitration. Under the Indian Legal
System, jurisdiction to issue ‘Prerogative1 Writs’ is given to the Supreme Court, and to the High
Courts of Judicature of all Indian states. Elements of the law about writs square measure set
forth within the Constitution of India. The Supreme Court, the highest in the country, might
issue writs underneath “Article 32” of the constitution for social control of elementary rights and
underneath “Article 139” for social control of rights aside from elementary rights, whereas High
Courts, the superior courts of the States, might issue writs underneath “Article 226”.
In Indian Legal System, there are 5 main types of writs:
 Mandamus
 Certiorari
 Prohibition
 Quo Warranto
 Habeas Corpus2

Mandamus

Mandamus may be a Latin word, which implies “to command”. It's a judicial remedy within

the variety of associate order to act de jure3 associated to abstain from perpetrating an unlawful
act. Wherever, let, A incorporates a right that solid bound legal obligation on B,
A will obtain a legal instrument of writ of mandamus leading B to perform its responsibility.
The order of writ is of a most intensive remedial nature, and is in kind, a command issuing from
the tribunal of Justice, directed to any person, corporation or inferior assembly, requiring him or
them to try to to some specific issue therein such that appertains to his or their office and is in
nature of a public duty. Mandamus is not a judicial writ of right, it's not consequently granted of
course, however solely at the discretion of the court to whom the applying for it's made; and this
discretion isn't exercised in favour of the applicant, unless some simply and helpful purpose may
be answered by the judicial writ. A judicial writ or remedy is pre-eminently a law remedy
1
a right or privilege exclusive to a particular individual or class
2
the act that protects your rights to personal liberty
3
holding a specified position by legal right
and isn't typically offered against personal wrongs. It's used for social control of varied rights
of the general public or to compel the general public statutory authorities to discharge their
duties and to act among the bounds. It's going to be accustomed to justice once there's wrongful
exercise of power or a refusal to perform duties.
The order of judicial writ is of most in depth remedial nature, and is in type, a command issuing
from the judicature of Justice, directed to any person, corporation or inferior assembly, requiring
him or them to try some explicit factor therein such that appertains to their office and is in nature
of a public duty. Mandamus is not a legal instrument of right, it's not consequently granted of
course, however solely at the discretion of the court to whom its applying for , and this
discretion isn't exercised in favour of the applicant, unless some simply and helpful purpose may
be answered by the legal instrument.

Conceptualization on Writ of Mandamus

Writ of Mandamus was worn by the King of European Nation for oversight the police for
protecting social peace and public order at the least bit State levels. Since its origin, Writ of
Mandamus has been issued to compel the performance of a good vary of public or quasi-public
duties, performance of that had been unlawfully refused, for instance in cases concerning,
restoration of office, holding of elections, and hindrance of dissolution of native municipal
bodies and authorities. Thus, judicial writ within the nature of Mandamus is outlined as the royal
command issued within the name of the Crown, from the Court of the King’s Bench, to the
subordinate court, an inferior court, an organization, board or the other person requiring it to
perform a public duty. Such a obligation, is also obligatory by the Constitution, a statute or
usually by the commonly used law.
As far as India is perturbed, the Writ of Mandamus follows the English pattern. In pre-
independent India, the three apex courts by the respective covenant procure the power to issue a
writ of mandamus within the Presidency place.In 1877, the Specific Relief Act4 swaped an order
in the nature of mandamus within the place of the writ of mandamus for the aim of requiring any
specific act to be done or forborne among the native limits of its normal civil jurisdiction by any
individual holding any public office.
The Apex court has power to issue writ under the Constitution of India, Art. 329. The Supreme
Court has the facility to issue directions or orders or writs, as well as writs within the nature of
mandamus, that could be acceptable for the social control of any right bestowed by this half.
It's a vital to be a part of the constitution. Art. 32 guarantee to each person the right to
maneuver the Supreme Court directly for social control of basic rights.
A writ of mandamus also cannot be issued against a sitting Chief Justice of India. Nor can it be
issued against a legislative institution—parliament or the state legislative assemblies—or its
members.

4
an act to define and amend the law relating to certain kind of specific relief
 It provides an affordable and efficient remedy. Some Dr. Ambedkar's unforgettable words: ‘If I
used to be asked to call any explicit Article within the Constitution as the most significant - an
article without which this Constitution would be a nullity- I couldn't discuss the other article
except this one. It's terribly the soul of the Constitution and also the terribly heart of it’

Some Cases Related to Writ of Mandamus

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The earliest rumored case in Republic of India, regarding the Writ of Mandamus is, “R Vs.
4
Warren Hastings”5. In this case, Mandamus was foraged against Supreme Council of the
Governor-General, Mandamus, however, wasn’t issued and was consequently refused.

Another rumored case, regarding the Writ of Mandamus, within the pre-independent India was
that of “Tan Bug Taim Vs. Collector of Bombayvi”6. In this case, an order requisitioning
unmovable property underneath the Defence of Republic of India rules was clench the ultravires
and writ of mandamus was issued, it has been argued by the govt. that, there was no ‘law’ under
that the Collector might be asked to forbear from requisitioning and Section 45 of Specific
Relief Act, 1877 couldn’t apply. Then the Court held that ‘law’ enclosed the charter, statute and
therefore the common law, and the Section 299(1) of govt. Of India Act, 1935 associated with
acquisition, henceforth it is enough to draw in section 45.

Another famous case, relating to Writ of Mandamus, “State of Mysore Vs. K.N.
Chandrasekhara”7. In this case, high court has issued a Writ of Mandamus directional to the
Public service commission to incorporate the names of the six petitioners within
the list completed  by the Commission beneath Rule 9(2) of the foundations for appointment to
the cadre of Munsiffs. Within the views of the state’s High Court the appointment
of 10 candidates whose names were enclosed within the list beneath R. 9(2) as appropriate for
promotion couldn't be disturbed, however the six candidates ought to be additional to the list and
appointments ought to be created out of that list.

In “ CGA Vs. K.S. Jagannathan”8, Supreme Court taken the decision that High Court has all
the power to issue the Writ of Mandamus.

Exceptions of Writ of Mandamus

2

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Impeachment of Governor-general Warren Hastings
6
(1945) 47 BOMLR 1010, 9th August, 1945
7
1965 AIR (SC) 532
8
1987 AIR 537, 1986 SCR (2) 17
 Will not lie against the president or governor of a state for the performance of their duty or
exercise of their power- “Article 361”9.
 Will not lie against the state assembly for preventing them from considering laws pleaded to
be offensive of constitutional provision.

Proxy Remedies to Mandamus

Mandamus isn't refused on the ground that there's requisite alternate remedy wherever the

petitioner complains that their basic right is infringed. The courts are duty bound to defend the
fundamental rights and thus Writ of Mandamus is issued. So if the choice remedy imposes a
heavy money burden on the petitioner, it'll not thought to be a ground for refusing Mandamus.

Conclusion

The writ of mandamus is to protect the interest of the public from the powers given to them to
affect the rights and liabilities of the people. The position of Mandamus in India is very
encouraging. It is the most popular writ used by aggrieved persons.

References

 https://www.livelaw.in/
 http://www.legalservicesindia.com/
 https://indiankanoon.org/

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power to President and Governers.