This article has been written by Ms. Shruti Medhekar, a 4^th year B.A.LLB of Keshav Memorial College of Law.

INTRODUCTION:

In common law writ means an order. It is an order which is issued by the courts to its subordinate government and authorities. Accordingly there are total five writs provided by the constitution of India. Habeas corpus, Mandamus, Prohibition, Certiorari and Quo warranto. The writs are guaranteed to the citizens of India under the head of constitutional remedies as one of the fundamental rights. 

The constitution of India vests the Supreme Court and the High Court with the power of issuing the writs when and in the matters concerned. The nature of all the above mentioned writs are remedial in nature. These writs provide expeditious and effective remedy to the public unlike the other reliefs which apparently cause delay in providing the relief. 

WRIT OF MANDAMUS:

Among the following writs the writ of mandamus is one of the judicial remedy. 

MEANING:

Literally the term mandamus means “we command”. It is an order in the form of a command issued by the superior courts to its subordinate government, authorities, corporations etc. This order is issued against the subordinate authorities to do or restrain from doing any specific act of statutory/public nature. 

OBJECT:

The main object of the writ is to provide remedy when there is any defect in the performance of public functions vested by law. This writ is issued by the courts to the public authorities in order to ask them to perform the functions properly which are imposed on them as a part of their legal duty.

Further if the public authority infringes any of the fundamental rights of the individuals while acting in excess of the powers vested to them the writ of mandamus can be issued against such authority to forbear him to do such act. It apparently means that the court issues this writ to its subordinate authority, government, corporations to do or forbear from doing any duty which is imposed by law or is restricted from performing such duty respectively.  This writ is further issued when the court requires the public authorities to comply and enforce their duties properly. 

GROUNDS OR CONDITIONS FOR ISSUANCE OF MANDAMUS: 

Generally there are few conditions which are required to be fulfilled for the issuance of writ of mandamus.

1. Legal right
2. Legal duty
3. Demand and refusal
4. No alternative remedy

LEGAL RIGHT:

For the issuance of this writ there must be existence of some legal right. Such legal right must be violated by the act of any public authority who is vested by any legal duty by means of which the right is violated. This is a condition precedent which must exist for issuing the writ. 

Ubi Jus Ibi Remedium which means where there is a right there is a remedy. So when there is no right guaranteed by law there is no remedy which can be provided for that. 

LEGAL DUTY:

To exercise this writ the next essential condition is that there must be existence of some legal duty. The opposite party must have some corresponding duty against the right of the petitioner. In addition to this the performance of such duty must have some effect on the legal right of the petitioner. 

The duty must be performed and complied with the respective act. The duty which is imposed must be of public nature. It means that duty must be imposed on the authority by law which if not performed will affect any individual or public at large. 

DEMAND AND REFUSAL:

The writ of mandamus will further lie if another condition of demand and refusal is fulfilled. The petitioner whose right is violated prior to its violation he must ask the respective authority to perform such act or duty which he is entitled to perform under law. And if on asking too the authority refuses, the request for issuance of mandamus can be made. The court will have no reason to refuse the issuing of this writ. 

In Chingleput Bottlers vs Majestic Bottling Company held that the petitioner contention that commissioner acted in breach of natural justice by failure to furnish the report. And further stated that they didn’t make any demand for such report. 

NO ALTERNATIVE REMEDY:

Generally the writ of mandamus is issued when there is no other alternative remedy available to the individual who is seeking the remedy through this writ. As a general rule it is known that the writs cannot be issued against all the acts which cause even minor inconvenience. The writ is issued when the opposite party is of public nature and the act infringing the fundamental right is of public nature too. This writ can’t be issued for resolving the matters between two private individuals. Further a substantial question of law must be involved in the act.  

But in certain cases this writ can be issued even when there is an alternative remedy available, for expeditious disposal and considering the emergency included in the matter – Rashid Ahmad vs Municipal Board 

In Sohanlal vs Union of India, the Supreme Court held that the writ of mandamus is generally issued against the public authorities but it can be issued against the private individual when he or she is connected with the public authority. 

TYPES OF MANDAMUS:

1. Alternative Mandamus
2. Peremptory Mandamus
3. Continuing Mandamus

Alternative Mandamus: This mandamus is issued on the first application or filing of the writ. The court in this mandamus asks the authority to perform the duty imposed by law on him. And if the authority does not agree to the performance he is asked to be present in the court and provide all the reasonable grounds for refusal to perform the duty.

Peremptory Mandamus: The peremptory mandamus is issued when authority does not follow the guidelines given under the alternative mandamus. Further is asked to comply with terms and perform the duty.

Continuing Mandamus: When the court is of view that the public authority after a certain period might not function properly while performing its duty the court will issue the continuing mandamus. Under this the court will monitor or scrutinize the work of the authority to for its proper functioning. 

The writ of mandamus is discretionary in nature. The court has the discretion to issue this only when the above mentioned grounds are fulfilled and the court is reasonably satisfied with those. It can be filed by the person whose right has been infringed and such infringement should exist when the writ is filed. It lies against all the public authorities, government, state controlled corporations etc. it cannot be filed against the President and the Governor. 

In S.P. Gupta vs Union of India it was held by the court that the writs cannot be issued against the president and governors. 

There is no limitation to the filing of this writ. It can be filed anytime until the infringement is in existence. Once there is no infringement of right then there will be no remedy provided against under this writ. 

CONCLUSION:

Among all the writs the writ of mandamus is one such judicial remedy which provides effective and quick remedy. The court protects the rights and interests of the public against the arbitrary functioning of any public authority. 

This writ makes sure that the powers vested with the authorities are not misused. And they do not get protection under the veil of powers given to them. And similarly this weapon of writs given in the hands of public are also not to be misused for even any minor or sham inconvenience. For that reason the court has to properly with due diligence exercise its power to issue the writs. 

REFERENCES:

1. Chingleput Bottlers vs Majestic Bottling Company
2. Rashid Ahmad vs Municipal Board 
3. Sohanlal vs Union of India
4. S.P. Gupta vs Union of India
5. Madan Mohan Pathak vs Union of India and Ors 
6. Union of India vs Bharat Forge Limited 
7. Wikipedia.org
8. Indiankanoon.com
9. Latestlaws.com
10. Blogipleaders.in
11. Lectures on Administrative Law – C.K. Takwani 

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