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continuing mandamus

Latin · kon-TIN-yoo-ing man-DAY-mus · Constitutional and administrative

Meaning. A practice of keeping a case open and issuing directions from time to time until authorities perform their duty.

Instead of disposing of a writ petition with one final order, the court keeps it pending, monitors compliance, calls for status reports and gives further directions as needed. It is used where the duty is ongoing and a single order would be ignored, typically in public interest litigation on investigations, environment, prisons and welfare schemes.

In the hawala case the Supreme Court monitored the CBI's investigation so that powerful accused were not shielded, and laid down directions for the independence of the investigating agencies. Critics see it as the court taking over executive functions; supporters see it as the only way to make a mandamus effective.

Example

By issuing a continuing mandamus, the court kept the pollution case pending for years, reviewing the state's action plan at every hearing.

In Indian law

See also

mandamus · public interest litigation · judicial activism · writ

Read more in the study notes

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