Writ of Mandamus
Define the ‘Writ of Mandamus’.
Writ of Mandamus is a legal order telling officials to do their job. It ensures fairness, government accountability, and justice. This article explains the Writ of Mandamus, a legal order compelling officials to fulfil their duties. It covers its origins, types, constitutional provisions, and key judgments, highlighting its role in ensuring government accountability.
Mention the types of writs mentioned in the Indian Constitution.
The Indian Constitution provides five types of writs i.e. Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.
How did the Writ of Mandamus came into being?
The writ of mandamus is an old legal tool that tells a lower court or government official to do a specific job. The word comes from Latin, meaning “we command.” Mandamus exists to make sure the legal system works well by making officials do their jobs. Over time, it became a crucial legal idea: people have the right to fair and quick actions from the government. Mandamus shows how legal systems everywhere keep working toward fairness and justice.
What do you mean by the term ‘Mandamus’.
Mandamus is a legal term that refers to a court order compelling a person or a public official to perform a specific duty.
Mention any two judgements where the Writ of Mandamus was issued.
Two judgements where the Writ of Mandamus was issued, were: (a) Sharif Ahmad v. HTA., Meerut (1977): In this instance, the petitioner sought the Supreme Court’s intervention to enforce tribunal rulings that the respondent had refused to follow. The Supreme Court responded by issuing a Mandamus, directing the respondent to comply with the decisions of the tribunal. This highlighted the court’s authority to compel compliance with the rulings of administrative bodies. (b) C.G. Govindan v. State of Gujarat (1991): In this case, the court declined to issue a writ of mandamus against the governor, emphasizing that the governor could not be compelled through a mandamus to accept the court staff’s salary. The decision underscored the distinction between matters of governance and the limitations on issuing mandamus against high-ranking officials, upholding the constitutional framework.
Writ of Mandamus – Meaning, Origin, Types & Important Judgement
Writ of Mandamus is a legal order telling officials to do their job. It ensures fairness, government accountability, and justice. This article explains the Writ of Mandamus, a legal order compelling officials to fulfill their duties. It covers its origins, types, constitutional provisions, and key judgments, highlighting its role in ensuring government accountability.
Table of Content
- Writ of Mandamus: Constitutional Provisions
- Origin- Writ of Mandamus
- Types of Mandamus
- Supreme Court of India on Mandamus
- Instances where mandamus will be issued
- Instances where mandamus will not be issued
- Writ of Mandamus: Important Judgements
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