Q: Delineate the writ of mandamus ?

Ans: The literal meaning of Writ is ' We Command'. A Writ is used by court to order the public official who has failed to perform his duty or refused to perform his duty, to resume his work.

Besides Public Officials, Mandamus can be issued against any public body, a corporation,  an inferior court, a tribunal, or government for the same purpose.

The Facts about Mandamus in India are as follows:

1. Unlike Habeas Corpus, Mandamus can not be issued against a private individual. 

2. Mandamus can not be issued in the following cases: 

To enforce departmental action that does not possess statutory force.

To order someone to work when the kind of work is discretionary and not mandatory. 

Mandamus can not be issued against President  of India and Governor of State. 

Mandamus can not be issued against incumbent chief Justice of India and Chief Justice of High Court. 

A writ of mandamus cannot be issued against any Member of Parliament (MP of Lok Sabha or Rajya Sabha) as well as any member of Legislative Assembly (MLA) of any state for the purpose of providing a smooth functioning and conduct of the parliamentary deliberations. 

Only the Supreme Court as well as High Courts are empowered to exercise writ jurisdiction of writ, under Articles 32 and 226 of Indian Constitution. No other courts are empowered to issue the writ.

Keywords Used: 

Deliberation : careful consideration.



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