Introduction

Main purpose of Writ of Mandamus is to command certain inferior courts or other authorities to perform their legal duties for which they are bound to.  Writ of Mandamus is not issued when lack of legal obligation of the government is observed. Sometimes government officials and other inferior courts do not perform their legal duties responsibly. Writ of Mandamusis actually issued against government, public corporations, tribunals and public officials for not properly performing legal responsibility.  

What is the Writ of Mandamus?

Mandamus meaning  we command of Supreme Court to tribunals and lower courts to perform their legal duties with maintaining responsibility. The Supreme Court and high court has the power to issue writ of mandamus against lower courts and tribunals to perform their legal responsibility and it is mentioned in article 226 and article 32 of Indian constitution. Article 32 basically deals with supreme court’s right to issue writ of mandamus and high court’s right to issue right of mandamus is mentioned in article 226 of Indian constitution. 

Where can Mandamus be enforced?

Mandamus means power of Supreme Court and high court to command lower courts, tribunals and government to perform their official responsibility and it is also issued against public corporations and figures. The Supreme Court even issues writ of mandamus against high court although high court has the power to issue writ of mandamus against lower court under article 226.  It is basically a constitutional provision mentioned in the Indian constitution for protecting and safeguarding the rights of people. 

Where the Writ of Mandamus cannot be enforced?

There are certain instances where writ of mandamus cannot be issued. Chief justice, governors and presidents are free from command of the Supreme Court to issue writ of mandamus against them. There are certain other circumstances where writ of mandamus cannot be issued. Mandamus means commanding tribunals and public officials to perform their legal duties for maintaining legal justice in society. Private individuals and groups are free from writ of mandamus. Writ of mandamus cannot be issued against a discretionary duty which is not mandatory in nature. 

What are some cases where writ of mandamus is enforced by the Indian constitution?

Bombay municipality vs advanced builders, jatinder kumar vs state of Punjab are some glimpses of examples where writ of mandamus are issued. There are certain other cases including All India Tea Trading Co V SDO case where writ of mandamus was issued against the land officer for refusing to provide interest payment on the amount of compensation. Main objective of mandamus is to maintain law and order where absence of specific remedy in law related matters is observed. Persons seeking writ of mandamus have the legal writ to demand certain rights to higher courts for their need. 

Significant characteristics of writ of mandamus

Writ is mandamus basically implies a judicial remedy where superior courts of India including Supreme Court and high court command inferior or lower court to perform certain legal responsibility for which they are bound or obliged to. The Supreme Court and high courts take stringent action against corporations, government and public authority for not maintaining strict adherence to law and order depending upon the specified condition and circumstances. It is basically a public or statutory duty as mentioned in the constitution of India. In order to maintain fundamental rights of Indian citizens, the government of India through its judicial power vested in Supreme Court can issue writ of mandamus. Prerequisite of mandamus is legal rights of petitioner and it is enforced by Supreme Court and high court to safeguard rights of people through maintaining constitutional machinery.  Writ of mandamus is made in keeping great faith in the constitution of India and therefore it is not desirable to satisfy one’s ulterior and ambiguous motives. 

Conclusion

In concluding portion of this study it is stated that writ of mandamus play a significant role in India in providing justice. The Supreme Court and High court have the power to issue writ of mandamus against inferior or lower courts, tribunals and against the government for not maintaining   proper law and order for which they are obliged to. Article 32 and article 226 basically deals with writ of mandamus and through constitutional provision high court and Supreme Court are given discretionary power to issue writ of mandamus. It is not enforceable against the president of India, governor of states and chief justice of India as they are directly associated with constitutional machinery.