Writ of Mandamus
The meaning of ‘Mandamus’ is ‘we command‘. This writ is issued by a higher court to a lower court, public authority, or individual, directing them to perform a specific legal duty they are obligated to fulfill. It ensures that public officials and authorities carry out their duties in accordance with the law. This writ can not be issued under following conditions:
- When there is no clear legal duty on the part of the respondent (the person or authority against whom the writ is sought).
- Against the President of India or Governor of any State.
- Against the acting Chief Justice of India.
- If the act in question involves the exercise of discretionary powers by the public official or authority.
- A Writ of Mandamus is usually directed at public officials or authorities, not private individuals. If the legal duty is related to a private matter, the writ may not be appropriate.
In Kumari Shrilekha Vidyarthi v. the State Of Uttar Pradesh, SC held that public authorities have to work fairly even in contractual matters and if they fail, individuals can approach under Article 226.
Types of Writs in Indian Constitution with Questions and Answers and MCQs
The jurisdiction of five types of writs is derived from Article 32 and Article 226 of the Indian Constitution, which empowers the Supreme Court and High Courts, respectively, to issue writs for the enforcement of fundamental rights and other legal purposes. Writs in the Indian Constitution constitute written directives issued by the Court, providing constitutional remedies to Indian citizens in case their basic rights are violated. The Indian Constitution provides five types of writs i.e. Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. Here we discussed the types of writs in the Indian Constitution.
Table of Content
- What is the Writ in the Indian Constitution?
- Five Types of Writs in India Constitution
- Writ of Mandamus
- Writ of Habeas Corpus
- Writ of Prohibition
- Writ of Certiorari
- Writ of Quo-Warranto
- What are Article 32 and Article 226?
- Against Whom Writs can be Issued?
- Difference Between Writ Jurisdiction of Supreme Court Vs. High Court
- MCQs or Quiz on Writs of Indian Constitution
- Questions and Answers on Five Types of Writs of Indian Constitution