continuing mandamus
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
- Articles 23 and 24: right against exploitation (Constitutional Law I)
- Public interest litigation and the role of the judiciary in environmental protection (Environmental Law)
- Forest conservation: the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 and the judicial approach (Environmental Law)
- Judicial review, judicial activism and judicial accountability (Indian Constitutional Law - New Challenges)
- Theories of the judicial role, judicial creativity and judicial policy (Judicial and Legislative Process)
- Judicial activism and judicial restraint (Judicial and Legislative Process)