mandamus

Mandamus (“we command”) is a writ issued by the Supreme Court under Article 32 or a High Court under Article 226 directing a public official, body, corporation, inferior court or government to do something that it is bound by law to do.

The petitioner must show a legal right to the performance of a public duty and that a demand for performance was refused. Mandamus does not lie against a private person (unless performing a public function), to enforce a purely contractual obligation, to direct the legislature to make a law, or against the President or Governor personally (Art. 361). It cannot compel the exercise of a discretion in a particular way.

Example

The university was directed by mandamus to declare the petitioner's withheld results, since it had no power to withhold them.

In Indian law

• Articles 32 and 226, Constitution of India

See also

writ · certiorari · continuing mandamus · quo warranto

Read more in the study notes

• Classification of administrative action (Administrative Law)
• Promissory estoppel, legitimate expectation and proportionality (Administrative Law)
• Articles 23 and 24: right against exploitation (Constitutional Law I)
• Articles 32 and 226: constitutional remedies, the writs and PIL (Constitutional Law I)
• Writ petitions under Articles 32 and 226 (Drafting, Pleading and Conveyance)
• Public interest litigation petition (Drafting, Pleading and Conveyance)