Instances where mandamus will not be issued
One instance is when the duty in question is discretionary rather than mandatory. If the action required involves a decision-making process where the official has the authority to use their judgment, a court may be hesitant to issue a mandamus. Courts generally avoid interfering in matters that require discretion unless there is a clear violation of law or abuse of authority.
Also, if an alternative legal remedy exists, mandamus may not be granted. If there are other legal avenues or procedures available to address the issue, a court may prefer those alternatives over mandamus.
Moreover, if the petitioner has an adequate remedy at law or through other legal channels, a court may decline to issue mandamus. The availability of other legal remedies may impact the court’s decision to grant mandamus relief.
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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