Writ of Mandamus
The literal meaning of the word mandamus is command. This prerogative remedy of mandamus is used for enforcing the performance of public duties by public authorities of all kinds. The writ of mandamus is issued for keeping the public authorities within their jurisdiction while exercising public functions. The object of mandamus is the prevention of disorder emanating from failure of justice that is required to be granted in all cases where there is no specific remedy established in law. It cannot be issued when the government or public official has no duty to perform under the law.

- Writ of mandamus demands some activity on part of the person or body to whom it is addressed.
- The demand is to perform a public or quasi-public duty which the body or person has refused to perform and the performance of which cannot be enforced by any other legal remedy.
- Therefore, it is that no mandamus will lie except when the applicant has a legal right to seek the performance of a legal duty and the authority against which the writ is sought is bound to perform that duty.
- Example: When the respondent did not obey the orders of the tribunal, the petitioner approached the supreme court for the enforcement of the orders of the tribunal. The Supreme Court issued a Mandamus ordering the respondent to abide by the orders of the tribunal.
- In the case of Union of India v. S.B. Vohraxi (2004) 2 SCC 150 the Supreme Court of India held as follows: “A writ of mandamus may be issued in favour of a person who establishes a legal right in himself. It may be issued against a person who has a legal duty to perform but has failed or has neglected to do so. Such a legal duty emanates by operation of law. The writ of mandamus is most extensive in regards to its remedial nature. The object of mandamus is to prevent disorder emanating from failure of justice and is required to be granted in all cases where law has established no specific remedy”
Purpose of Mandamus
On comparing Articles 32 and 226, we can find that there is a difference between the purposes for which a Mandamus can be issued by High Courts and by the Supreme Court.
Conditions for issuing writ of Mandamus
There are some important conditions for issuing Mandamus. They are as follows
a. Legal right
The petitioner must have legal right, this is a condition precedent. Thre muat be legally protected and judicially enforceable right before claiming for Mandamus. And the petitioners right must be infringed.
b. Legal duty
The second requirement for writ of Mandamus is that existence of lefal duty.the opposite party must have a legal duty to
perform and duty must be imperative, not discretionary or optional(statutory duty).
c. Demand and refusal
The legal right should be demanded by petitioner and that legal right should be refused by authority.
d. Good faith
An application for Mandamus must have been made in good faith. The application will be rejected if it is made to harass the
respondent or to carry the personal grievances.
e. Alternative remedy
To issue Mandamus there should not be alternative remedy available to the applicant.
Exceptions to its application
There are certain persons against whom the writ of Mandamus won’t lie. The following are the limitations to the application of Mandamus:
- No writ of Mandamus can be granted against the President and governors of states.
- It won’t be granted against private individuals and companies that have no public duty to perform.
- It cannot be issued against a legislature, commanding or preventing it to enact a legislation.
Types of Mandamus
There are three types of Mandamus in the Indian legal system that one can find by observing the judgments related to Mandamus. The three types of Mandamus are the following :
- Certiorarified Mandamus: The writ of certiorari is used to provide a judicial review for cases that have already been heard by inferior courts or where those courts have exercised their authority excessively. The order of the inferior court shall be invalidated upon its issuance. Where jurisdiction has been refused to be exercised, a writ of mandamus may be issued. The writs of Mandamus and Certiorari may occasionally coexist and support one another. When a matter is overturned by a writ of certiorari, it may be tried afresh in accordance with the law if a writ of mandamus is later issued.
- Anticipatory Mandamus: A writ of mandamus cannot be issued on the basis of the petitioner’s mere suspicion that his basic rights or any other statutory rights would be violated or that a public body will fail to perform its obligations under the law, as has been established in various instances..
- Continuing Mandamus: In certain cases, after the issuing of a writ of Mandamus, continuous supervision is also required. In such cases, the court can issue interim directions for surveillance and also call for the submission of a compliance report.
A person in good faith who has an interest in the public authority doing its duties must file a writ petition for mandamus. The individual requesting mandamus must have the legal right to do so and must also have demanded that the duty be performed but been rejected by the appropriate authorities.
In All India Tea Trading Co. v. S.D.O. (AIR 1962 Ass 20) case, the Land Acquisition Officer erroneously refused to pay the interest on compensation amount. A writ of mandamus was issued against the Land Acquisition Officer directing him to reconsider the application for the payment of interest.
In Suganmal v. State of M.P. (AIR 1965 SC 1740) case, the petitioner (person who files the writ petition) filed for issuing a writ of mandamus to direct the respondent (opposite party in the writ) for refunding tax. The Supreme Court held that where an assessment order was set aside and the rules concerned did not provide for refund of tax levied, a writ of mandamus cannot be issued. The proper remedy is filing a suit for claiming the refund.
In the landmark case of S.P.Gupta Vs. Union of India 1982 AIR SC 149 , the judges ruled that the president of India cannot have a writ issued against him, that directs him to fix the number of judges of the High Court and fill vacancies. The courts cannot issue a writ of Mandamus against persons like the president and governors.
The High Court can invoke mandamus for purposes other than enforcement of fundamental rights, some of
which are:
• To enforce the performance of a statutory duty where the public officer has got a power conferred by the Constitution or a statute. The Court may issue a mandamus directing him to exercise the power in case he refuses to do it.
• To compel a court or judicial tribunal to exercise its jurisdiction when it has refused to exercise it.
• To direct a public official or the government not to enforce a law that is unconstitutional.
Mandamus will however not be granted against the following persons:
- The President or the Governor of a state, for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.
- Mandamus also does not lie against a private person or body, whether incorporated or not except where the state is in collusion with such private party.
Conclusion:
In conclusion, the writ of mandamus is a legal tool that citizens may use if they feel wronged by a violation of their statutory or fundamental rights caused by an authority’s failure to perform a public duty. It plays a crucial part in ensuring that the state is still held accountable to its people and safeguards them from the overuse of governmental power.