A brief understanding on the Writ of Mandamus and Writs in the Constitution of India

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NOTE ON: WRIT OF MANDAMUS
 WHAT IS THE ROOT OF MANDAMUS?
Writ of Mandamus (We Command) is of English origin. In past, the King of England as the
“authoritarian autocrat” of the administrative set-up, used to issue mandamus to his subjects,
commanding them to fulfil the public duty asked of them, many times during the course of the
day.
To trace the origin of issuance of mandamus, as the prerogative of the royal court of England is an
uphill task, much because it was never considered as an absolute judicial act, but rather an act of
quasi-judicial nature. Mandamus was used by the King of England for supervising (and
superintending) the police (and other public authorities of the same genre) for preserving social
peace and public order at all State levels.
Since its origin, mandamus has been issued to compel the performance of a wide range of
public/quasi-public duties, performance of which had been unlawfully refused, for example in
cases pertaining to, restoration of office; holding of elections; and prevention of dissolution of
local municipal bodies and authorities.
Thus, writ in the nature of mandamus is defined as the royal command issued in the name of the
Crown, from the Court of the King’s Bench, to the subordinate court, an inferior tribunal, a
corporation, board or any other person requiring it (or him) to perform a public duty. Such a
duty may be imposed by the Constitution (the Suprema Lex), a statute or generally by the common
law.
 WHAT IS MANDAMUS?
Mandamus is a Latin word which literally means a “command” or an “order”. Thus, a writ of
mandamus commands or orders or directs a person to whom it is addressed to perform the public
duty, which appertains to his office. Where any court, tribunal, authority, board, corporation or

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any other individual charged with performance of a public duty fails to discharge that duty,
mandamus lies to compel him to discharge that duty or perform the function as required by the
suprema Lex, statute or common law.
So far as India is concerned, the writ of mandamus follows the English pattern. In the pre-
independent India, the three Supreme Courts by the respective charters derived the power to issue
a writ of mandamus within the Presidency towns.
The earliest reported case in India, concerning the writ of mandamus is that of the following case;
“R v. Warren Hastings”.
In this case, mandamus was sought against the Supreme Council of the Governor-General;
mandamus, however, was not issued and was accordingly refused.
 WHAT IS THE POWER OF COURTS IN INDIA TO ISSUE WRIT OF MANDAMUS?
The Supreme Court of India is empowered, by virtue of Article 32 of the Constitution to issue a
writ of mandamus for the enforcement of the fundamental rights, while every High Court has
power to issue a writ in the nature of mandamus under Article 226 of the Constitution, for the
enforcement of fundamental rights and also for “any other purpose” throughout the territories
in relation to which it exercises jurisdiction.
Courts in India have always maintained that, a writ of mandamus is not a writ of right and is not
granted as a matter of course (ex-debito-justitiae). Its grant (or refusal) is at the discretion of the
court. Courts are obliged to refuse mandamus, unless, it is shown that there is a clear legal right of
the applicant or statutory duty of the respondent and there is no alternative remedy available
to the applicant.
 In the case of “Union of India v. S.B. Vohra”, 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 issued against a person who has a legal duty to perform but has failed or has
neglected to do so. Such a legal duty emanates by operation of law. The writ of mandamus
is most extensive in regard to its remedial nature. The object of mandamus is to prevent disorder

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emanating from failure of justice and is required to be granted in all cases where law has
established no specific remedy”.
 WHAT ARE THE PRINCIPLES BEHIND THE WRIT OF MANDAMUS?
 The applicant for an order of mandamus must show that there resides in him a legal right,
demanding the performance of a legal duty, by the party against whom mandamus is
sought;
 Writ of mandamus can be issued to any person, authority, board, corporation or tribunal,
requiring it to do that which a statute demands of it. Legal duty or obligation, fulfilment
which mandamus demands, must be the one culling out of the Constitution, a statute or
the common law;
 The application for mandamus should be made in good faith; not with any oblique motive
or ulterior purpose;
- Mandamus will be refused, if there is an alternate remedy available;
- Prior to acceding to the demand for issuance of mandamus, the court must be satisfied
that, a genuine demand for performance of the public duty was made by the petitioner
and the same was refused (or was not complied with) by the respondent. There are, no
doubt, exceptions to the demand-refusal rule, both in England as well as in India.
 WHAT IS THE OBJECT OF THE WRIT OF MANDAMUS?
Primary purpose of a writ of mandamus is to protect an established right and to enforce a
corresponding imperative duty imposed (or created) by law. Mandamus is designed to promote
justice it does not lie to create or establish a legal right but to efficaciously enforce one that already
has been established.
Mandamus is invoked to remedy rights that lack assistance or wrongs that need resistance.
Mandamus, denominated as, a hard and fast writ, a cast-iron writ, the right arm of the court, the
exponent of judicial power and an inflexible peremptory command to do a particular thing, is
reserved for extra-ordinary emergencies, being a supplementary means of obtaining substantial
justice where there is a clear legal right and no other adequate legal remedy.