Mandamus: Meaning and Definition

The term "mandamus" means "command" in its literal sense. Mandamus is a prerogative remedy used to compel public authorities of all stripes to carry out their duty. A court of competent jurisdiction may issue an extraordinary writ to compel the performance of an act by a public official, an administrative agency, a corporation, or any other person only when there is a legal obligation to do so, the plaintiff has a clear right to such performance, and there is no other viable option available.

In the United States, these orders typically emerge in federal court cases where a party wishes to appeal a judge's ruling but is thwarted by the prohibition on interlocutory appeals. The party sues the judge instead of directly appealing, requesting a mandamus ordering the judge to fix their earlier error. This kind of indirect appeal is typically only accessible if the party has exhausted all other options for requesting reconsideration.

What is Mandamus?

The word mandamus originated in the mid-16th century from Latin language’.

The meaning of these words changed throughout the course of history, currently Mandamus is known as a judicial writ.

Illustration of Mandamus

In cases where the state violates a citizen's fundamental rights, the Supreme Court and High Court are empowered to issue writs under Articles 32 and 226 of the Indian Constitution, respectively. These writs give the judiciary the authority to oversee administrative decisions and stop any form of capricious use of authority and discretion.

Before the trial begins, a party to a case may appeal a lower court's judgment if they are unhappy with one or more decisions made by the trial court. This is known as a writ of mandamus petition. If there are exceptional circumstances, the order will be issued.

Important Case Laws

Some of the important cases of this category are −

Kerr vs. U.S. district Court (1976)

In this case, the Supreme Court supported the district court's decision to deny prison officials' request for a writ of mandamus, which they had filed to prevent the court from ordering them to provide over staff and inmate files to seven inmates who had sued the institution for alleged constitutional violations. The administrators stated that disclosing the documents would jeopardize the privacy and secrecy of inmate communications.

Chiranjit Lal Chowdhuri vs. Unnion of India (1950)

According to the Supreme Court's ruling in this case, a writ of mandamus may be requested to enforce statutory obligations or to compel a person holding public office to do or refrain from doing something that is required of him by any law.

Praga tools Corp. vs. Shri C.A. Imanual & Ors (1969)

The Supreme Court ruled that, a mandamus may be issued, for example, to compel an official or society to carry out the provisions of the statute that established or governed the society, as well as to companies or corporations to carry out the obligations imposed on them by the statutes allowing their undertakings. In addition, a firm created by statute to carry out public duties would be subject to a mandamus.

Conclusion

New phrases like continuing mandamus, anticipatory mandamus, and certiorarified mandamus have emerged as a result of recent judicial activism in relation to this writ. The state machinery's inaction, which is frequently tinged with apathy, is what led to the activism the courts engaged in in this regard. This writ guarantees that the executive or administration isn't misusing their power or properly carry out their duties. It defends the general populace against the abuse of authority by administrative bodies.

Frequently Asked Questions

What is meaning of mandamus in the Indian Constitution?

"Mandamus" is Latin for "we command." The Court issues it to order a public authority to carry out the legal obligations that it has neglected or refused to do. A public officer, public corporation, tribunal, lower court, or the government may be the target of one.

What is called writ of mandamus?

One of the common law prerogative writs known as a writ of mandamus or mandamus—Latin for "we command"—or mandate—is issued by a superior court to compel a subordinate court or a government official to appropriately carry out mandatory or merely ministerial responsibilities.

What is the mandamus under Article 226?

Article 226 of the Indian Constitution, included in Part V, grants the High Court the ability to issue writs to any person or authority, including the government, in the form of mandamus, habeas corpus, prohibition, quo warranto, certiorari, or any combination of the above.

How is Habeas Corpus different from Mandamus?

Habeas Corpus: The writ of habeas corpus can be used to compel the release of both governmental officials and private citizens. On the other hand, Mandamus may be issued against any government, corporation, inferior court, or other public entity.