Types of Mandamus
Mandamus is a legal term that refers to a court order compelling a person or a public official to perform a specific duty. There are different types of mandamus, each serving a distinct purpose.
Type of Mandamus |
Definition |
---|---|
1. Judicial Mandamus |
This type of mandamus is issued by a higher court to compel a lower court or a judicial officer to perform a duty that they are legally required to do. |
2. Executive Mandamus |
Executive mandamus is used to direct government officials or administrative bodies to carry out their lawful duties. It ensures that public authorities fulfil their obligations. |
3. Legislative Mandamus |
Legislative mandamus is less common and is employed to instruct legislative bodies or officials to perform specific actions within their legal authority. |
4. Original Mandamus |
Original mandamus is filed directly with the court that has the authority to issue the order, rather than being an appeal from a lower court decision. |
5. Alternative Mandamus |
Also known as alternative writ of mandamus, this type gives the recipient an opportunity to comply with the desired action voluntarily before a court order is issued. |
6. Peremptory Mandamus |
If the party fails to comply with the alternative mandamus, a peremptory mandamus may be issued, which is a final and absolute order to perform the required action. |
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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