Writ of Mandamus: Background, Features, Types & More | UPSC Notes!

A Writ of Mandamus is a writ issued by a higher court against a subordinate court, a governmental body, or an official to correct prior conduct or omission to act in accordance with the level of responsibility that they are entitled to. Public companies and courts can likewise be served with a Writ of Mandamus.

In this article, we will examine in depth the Writ Of Mandamus, its functions, and its powers. This topic of UPSC Polity is essential for both the UPSC Prelims and Mains Exams.

Study the Types of Writs in the Indian Constitution here.

What is Writ of Mandamus?

A Writ of Mandamus is a judicial "command" issued by a higher court to a lower court, government official, or public authority. It compels them to fulfill a specific legal duty that they have wrongly neglected or refused to perform. It's like a firm but fair judge ensuring everyone plays by the rules and upholds their legal obligations. 

Background of Mandamus in India

The British introduced the Writ of Mandamus in India in 1773 with the formation of the Supreme Court of Calcutta. Under the Letters Patent Act, all superior courts in the Presidency Towns were given the authority to issue this writ.

Later, in 1877, the writ of mandamus from the Letters Patent Act was replaced by an order under the then-new Specific Relief Act requiring a competent authorised authority to complete or refrain from performing a specific action within the “local bounds of its usual civil jurisdiction.”

Also, check Writ of Habeas Corpus here.

Writ of Mandamus Examples

The writ of mandamus is an essential component of both the parliamentary system and the presidential system.

• Australia, England, and Wales are examples of parliamentary democracies that include the writ of mandamus as part of their legal systems.
• The writ of mandamus is a constitutional provision of Australia, and it is found in Section 75(v) of their Constitution. Mandamus exists in England and Wales as a statutory order rather than a writ.
• The United States of America is an important example of a presidential democracy with a provision for mandamus in its legal system at both the federal and state levels.
• Administrative acts have been determined to be susceptible to mandamus in numerous states around the country through legislative revisions or judicial extensions.

Features of Writ of Mandamus

A Writ of Mandamus is primarily a public law remedy that is not normally available for private wrongs. It is used to enforce different public rights or to compel public statutory authorities to execute their tasks and behave within the limitations. It can be utilised to bring about justice when there is an abuse of authority or a failure to execute tasks.

The mandamus decree is of the broadest remedial type. It takes the form of a command sent to any person, company, or lesser tribunal, compelling him or her to accomplish anything particular mentioned in the order that is related to his or her position and is in the nature of public responsibility.

Mandamus is not a writ of right; it is given solely at the discretion of the court to which the application is made, and this discretion is not exercised in favour of the petitioner unless the writ serves some reasonable and beneficial purpose.

Check Important Articles of the Indian Constitution here.

Types of Mandamus

Mandamus is classified into three major types, each serving distinct judicial purposes:

Certiorarified Mandamus

This type of mandamus is issued when a lower court or tribunal has made an error of law or jurisdiction. The writ can be used to bring the record of the case to the higher court for review. Once the record has been reviewed, the higher court can issue a mandamus directing the lower court or tribunal to take a particular action.

Anticipatory Mandamus

This type of mandamus is issued to prevent a public official or authority from violating a person's rights. The writ can be issued even if the violation has not yet occurred, but there is a reasonable apprehension that it will occur.

Continuing Mandamus

This type of mandamus is issued to compel a public official or authority to continue performing a public duty. The writ is typically issued when the public official or authority has begun to perform the duty but has stopped for some reason.

Learn more about the Difference between act and law!

Constitutional Provisions Associated With Writ of Mandamus

Article 32 of the Constitution grants the Supreme Court of India the authority to issue writs.

• The court will use the most suitable of the five sorts of writs that are part of the Indian legal system to enforce the claimant’s rights.
• Dr Bhimrao Ambedkar defines the right to constitutional remedies, or Article 32, as “the essence of the Constitution and the very heart of it.” It specifies that there must be a clear violation of basic rights without including controversial factual matters.
• According to Article 32, the writ of mandamus cannot be issued to impose governmental policy, but it can be used to challenge legislation that violates fundamental rights.
• Mandamus can execute any executive or statutory order that follows due process of law. It has been discovered throughout the years that a continuous mandamus is issued against a lengthy failure to act on the part of state authorities.

Study the Schedules of the Indian Constitution here.

Grounds for Issuing a Mandamus Writ

Mandamus is a remedial writ that cannot be described as a writ of right since it is given solely at the discretion of the court after the petitioner is able to demonstrate to the Court that the writ would solve some utilitarian or just question.

The following are the fundamental grounds for the issuing of a Mandamus:

• There is a legally sanctioned right of the petitioner or applicant of the writ, and this right has been violated or compromised.
• A public authority may violate an applicant’s rights in the following ways:
  • beyond the scope of their office’s powers and obligations
  • Failure or neglect to behave responsibly in accordance with the legal requirements for the use of their power.
  • Refusal by a public officer or authority to carry out their statutory obligations.
  • A blatant disregard for or violation of natural justice norms.

Instances Where Mandamus will be Issued

A mandamus can be issued to compel a public official or authority to perform a public duty that they have a legal obligation to perform. A mandamus can be issued to protect a person's fundamental rights that have been violated by a public official or authority. A mandamus can be issued to quash an illegal order passed by a public official or authority.

Instances Where Mandamus will not be Issued

A mandamus cannot be issued to enforce a private right. A mandamus cannot be issued to interfere with the discretionary powers of a public official or authority. A mandamus cannot be issued to compel a public official or authority to perform an act that is impossible or illegal.

Check out the article on Contempt of Court Here.

Limitations of Writ of Mandamus

The writ of mandamus is essentially a common law public law remedy that, while it can be legitimately asked for by any person whose rights have been infringed by governmental or judicial organisations, is not sanctioned to be used in circumstances of private wrongs.

The following are not subject to a writ of mandamus:

• Mandamus cannot be ordered against private individuals, institutions, or organizations for their inactivity.
• If the task or action in question is not dictated by a mandatory requirement but is discretionary in character, the writ of mandamus cannot be issued for the execution of such responsibilities.
• The writ of mandamus cannot be issued against the Head of the State, that is, the President of the Country or the Governor of a state.
• The current Chief Justice of the Supreme Court, as well as certain High Courts, are likewise immune from being held accountable through the issuing of a writ of mandamus.
• It cannot be issued for the enforcement of a private contractual agreement.
• A writ of mandamus cannot be issued against any Member of Parliament i.e., the MP of Lok Sabha or Rajya Sabha or Member of Legislative Assembly (MLA) of any state to ensure the smooth running and conduct of parliamentary proceedings.
• Mandamus cannot be given against any legislative entity that passes a bill that violates the basic rights guaranteed by Part III of the Constitution. The Supreme Court later affirmed this in Chotey Lal v. State of Uttar Pradesh & Ors.

Electoral concerns have been excluded from the scope of the writ of Mandamus, and officials involved at various levels of the electoral process cannot be instructed by mandamus. This, however, only applies to elections to the Union and state legislatures. Mandamus can be imposed in cases when there is a dispute over municipal elections.

Check out the Parliamentary Privileges and Immunities here.

Interpretation of Public Right and Mandamus

A mandamus is given against officials who fail to discharge their duties. Mandamus was issued in the following circumstances:

• To demand the execution of a legal duty, the petitioner must have a legal right. It will only issue commands to the authorities in order to carry out its duties.
• The authority refused to carry out the task assigned to him. The writ of mandamus directs the authorities to carry out their responsibilities.
• The task listed in the petition must be of a public character.
• The enforceable right must exist on the date of the petition.
• If the petitioner’s interest has been properly terminated prior to that date, he is not entitled to the writ.
• In general, a writ of mandamus is not granted in advance of damage. This rule is not without exceptions.
• Anyone who is likely to be impacted by a public official’s order has the right to file a mandamus petition if the officer violates his statutory duties.

Read more about the Making of the Indian Constitution here.

Key Takeaways for UPSC Aspirants Definition: The writ of Mandamus is a form of judicial remedy which consists of an order by the court directing a Governmental or public official, body or corporation and inferior courts to perform a public or statutory duty. Purpose: It is a form of mandating the doing of the duties in the vicinity of public law while ensuring that the officers and officials in government perform their jobs according to law. Nature and Scope: Mandamus can be issued where there is clear legal duty, which remains unfulfilled, and the petitioner has a recognizable legal right to require the performance of such a duty. It can never be used as a means to enforce discretionary acts. Application in India: Articles 32 and 226 of the Indian Constitution, under which the Supreme Court and high courts respectively can issue writs Mandamus under its enforcement power of fundamental rights and other duties. Conditions for issuance: The applicant should demonstrate that there is a statutory public duty, it is specific, not yet performed, and no other remedy is effective. Limitations: Mandamus cannot be issued to compel an action that is discretionary, to enforce contractual obligations, or against a private individual or entity not performing a public duty. Examples: A writ of Mandamus might be issued to a municipal corporation to clean up a locality if it's neglecting its statutory duty, or to a university to declare examination results in a timely manner.

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