By Aditya Singh Raghav
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Mandamus means “we command”. This writ is issued by the court to order any public official, public body, corporation, inferior court, tribunal and also government to perform the duties which they have refused to perform earlier. Mandamus is a command given by Supreme Court or any high court to any concerned authority to perform the public duties imposed upon them by law. For example, if any district court is delaying the matter unnecessarily than it can be directed to decide the matter immediately by the issue of Mandamus.
In Bombay Municipality v. Advance Builders (1972 AIR 793, 1972 SCR (1) 408), the municipality was given an order by the Court to implement the planning scheme which was approved by government earlier and municipality has not done anything further to implement the scheme.
Who can file for Mandamus?
Person whose rights have been violated can apply for mandamus, principle of locus standi provides that any citizen of country can move to court for issue of mandamus on behalf of others.
When can mandamus be issued?
• To direct any public authority failing in performing its legal duty or neglects to discharge mandatory duty. Can be issued to administrative, legislative, judicial, quasi-judicial authorities.
• Existence of legal right is and its infringement due to non-performance of duty by the public authority
• Person filling mandamus should be having a special interest in the subject matter
• There is no effective alternative remedy available
• To restrain an authority from acting under an unconstitutional law
When can mandamus not be issued?
• Cannot be filled against the President or governor of a state for performance of their duty under article 361
• Against chief justice of a high court
• To enforce a contractual obligation or private contract
• For performance of any work which is discretionary in nature and not mandatory
• Against private authorities
Mandamus is issued for a mandatory duty and it doesn’t need to be a statutory duty. This writ may be issued when a specific remedy has not been provided but if the court is satisfied that any public authority has not performed the duties or not exercised the power vested to it than it is compelled by the court to perform the duty. In Jatinder Kumar vs State of Punjab (1984 AIR 1850, 1985 SCR (1) 899), court held that failure to consult the public service commission does not provide opportunity to the public servant to get mandamus for compelling government to consult the commission because it did not confer any right on a public servant. Mandamus would lie when an authority has to perform duties under the law.
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Aditya is a 2nd year law student at National Law University Delhi. An adventurous person, he actively participates in sports activities and loves to go trekking. He is a football fan and you can easily find him discussing football matches with his friends. His interests include Commercial Law, Constitutional Law, Criminal Law and Competition Law.
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