Instances where mandamus will be issued
Mandamus is a legal remedy that is issued by a court to compel a public official or government body to perform a specific duty that they are legally obligated to fulfil. This writ is typically employed when there is a clear and specific legal right that an individual possesses, and the responsible public authority is failing to fulfil that duty.
1. Failure to Act: When a government official or agency refuses to perform a duty that is required by law. For example, if a public officer neglects to make a decision that is legally mandated, a mandamus may be sought to compel them to act.
2. Unlawful Delays: When a government official or agency refuses to perform a duty that is required by law. For example, if a public officer neglects to make a decision that is legally mandated, a mandamus may be sought to compel them to act.
3. Abuse of Discretion: In instances where a public official is given discretion but exercises it in an arbitrary or capricious manner, a mandamus may be requested to correct the abuse of discretion.
4. Clear Legal Right: Mandamus is typically issued when the petitioner can demonstrate a clear legal right to the performance of a particular duty and there is no other adequate legal remedy available.
5. Statutory Mandates: Mandamus may be used when there is a statutory obligation that the public authority is neglecting to fulfill. The petitioner must show that the duty is clear and unequivocal.
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