WRIT OF MANDAMUS THE LITERAL MEANING OF THE WORD MANDAMUS IS COMMAND. THIS PREROGATIVE REMEDY OF MANDAMUS IS USED FOR ENFORCINGTHE PERFORMANCE OF PUBLIC DUTIES BY PUBLIC AUTHORITIES OF ALL KINDS. 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 ANDTHE 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 THEPERFORMANCE OF A LEGAL DUTY AND THE AUTHORITY AGAINST WHICH THE WRIT IS SOUGHT IS BOUND TO PERFORM THAT DUTY.WRIT OF MANDAMUS ORIGINSTHE ORIGIN OF THE WRIT OF MANDAMUS CAN BE TRACED BACK TO ENGLAND WHERE THE KING AS THE AUTHORITARIAN AUTOCRAT OF THEADMINISTRATIVE SETUP, USED TO ISSUE A MANDAMUS TO HIS SUBJECTS COMMANDING THEM TO FULFIL THE PUBLIC DUTY ASKED OFTHEM, MANY TIMES DURING THE COURSE OF THE DAY. SINCE ITS ORIGIN, THE WRIT HAS BEEN USED TO COMPEL THE PERFORMANCE OFA WIDE RANGE OF PUBLIC AND QUASI-PUBLIC DUTIES THAT HAVE BEEN REFUSED IN AN UNLAWFUL MANNER. THE KIND OF PUBLICDUTIES THAT HAVE BEEN COMPELLED AS A RESULT OF INVOKING MANDAMUS INCLUDE, AMONG OTHERS, RESTORATION OF OFFICES;HOLDING OF ELECTIONS; AND PREVENTION OF DISSOLUTION OF LOCAL MUNICIPAL BODIES AND AUTHORITIES.SUPREME COURT OF INDIA ON MANDAMUSIN THE CASE OF UNION OF INDIA V. S.B. VOHRAXI, 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 ISSUEDAGAINST A PERSON WHO HAS A LEGAL DUTY TO PERFORM BUT HAS FAILED OR HAS NEGLECTED TO DO SO. SUCH A LEGAL DUTYEMANATES BY OPERATION OF LAW. THE WRIT OF MANDAMUS IS MOST EXTENSIVE IN REGARDS TO ITS REMEDIAL NATURE. THE OBJECTOF MANDAMUS IS TO PREVENT DISORDER EMANATING FROM FAILURE OF JUSTICE AND IS REQUIRED TO BE GRANTED IN ALL CASES WHERELAW HAS ESTABLISHED NO SPECIFIC REMEDY”.FOR OTHER IMPORTANT SUPREME COURT JUDGEMENTS, CLICK ON THE LINKED ARTICLE.THE WRIT OF MANDAMUS IS ALSO AVAILABLE AGAINST INFERIOR COURTS AND OTHER JUDICIAL BODIES WHEN THEY HAVE REFUSED TOEXERCISE THEIR JURISDICTION AND THUS RESULTING IN THE NON-PERFORMING OF LEGAL DUTY. THERE ARE DIFFERENT PURPOSES FORWHICH THE WRIT JURISDICTION THROUGH MANDAMUS CAN BE EXERCISED. IT CAN BE ISSUED FOR THE VIOLATION OF FUNDAMENTALRIGHTS. WHENEVER A PUBLIC OFFICER OR GOVERNMENT HAS DONE SOME ACT WHICH VIOLATES THE FUNDAMENTAL RIGHT OF APERSON, THE COURT WOULD ISSUE A WRIT OF MANDAMUS, RESTRAINING THE PUBLIC OFFICER OR GOVERNMENT FROMENFORCING THAT ORDER OR DOING THAT ACT AGAINST THE PERSON WHOSE FUNDAMENTAL RIGHT HAS BEEN VIOLATED. THUS,IN VENKATARAMANA V. STATE OF MADRAS, WHERE THE PETITIONER WHO WAS OTHERWISE ELIGIBLE FOR APPOINTMENT IN THESUBORDINATE CIVIL JUDICIAL SERVICE, WAS NOT SELECTED OWING TO THE OPERATION OF COMMUNAL ROTATION ORDER, HECONTENDED THAT HIS FUNDAMENTAL RIGHT UNDER ARTICLE 16(1) WAS INFRINGED UPON. THE COURT ORDERED THE STATE OFMADRAS TO DISPOSE OF THE PETITIONER’S APPLICATION ON MERITS AND WITHOUT APPLYING THE RULE OF COMMUNALROTATION.THE HIGH COURT CAN INVOKE MANDAMUS FOR PURPOSES OTHER THAN ENFORCEMENT OF FUNDAMENTAL RIGHTS, SOME OF WHICHARE: TO ENFORCE THE PERFORMANCE OF A STATUTORY DUTY WHERE THE PUBLIC OFFICER HAS GOT A POWER CONFERRED BY THECONSTITUTION OR A STATUTE. THE COURT MAY ISSUE A MANDAMUS DIRECTING HIM TO EXERCISE THE POWER IN CASE HEREFUSES 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

1. 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.
2. 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.
   Instances where mandamus will be issued

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on Facebook, Twitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge