In India, a Writ of Mandamus is most popular writ. extensively and successfully used by aggrieved persons.
Mandamus Meaning
The word “Mandamus” means “the order”. The Writ of Mandamus is an order by a Superior Court commanding a person or a public Authority (Including the Government and Public Corporation) to do or forbear to do something in the nature of public duty or in certain cases statutory duty.
A person whose right has been infringed may apply for a writ of Mandamus. The Writ of Mandamus is available against all those bodies falling within the definition of State under Article 12 of the Constitution including Parliament and Legislatures, Courts and Tribunals, The Governments and its officers, local Authorities like municipalities, Panchayats, State-owner, State- controlled Corporations, Universities and other Educational Institutions, Election Authorities and Other Authorities. The High Court have the power to issue a writ of mandamus where the government or a public authority has failed to exercise or has wrongly exercised.
Writ of Mandamus will not Lie against
The President or the Governor of the State for the exercise and performance of power 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. They are immuned under the Article 361 of the Indian Constitution of India.
Conditions for the issue of Writ of Mandamus
- Legal Right : The petitioner must have legal rights. In Umakant V. State of Bihar, In this case Supreme Court of India held that when the petitioner contended that the Government had promoted his juniors and he had been left out, and it was found that the petitioner was not qualified for the post, hence petition was dismissed.
- Legal Duty : A legal duty must have been imposed on the authority and the performance of the duty should be imperative. Such duty must be statutory either imposed by the Constitution or by any other statute or some rule of common law but should not be contractual.
- Good Fait : An application for a writ of Mandamus must have been made in good faith and not for any ulterior motive. It will not be issued if it is designated to harass the respondent or a view to cause personal grievances
