Writ of Mandamus: Important Judgements
1. Sohanlal v. Union of India (1957):
In this case, the Supreme Court clarified that the Writ of Mandamus could apply to a private individual only if a clear affiliation with a public entity could be demonstrated. The ruling emphasized the connection between the private individual and public duties to warrant the issuance of a Mandamus.
2. Rashid Ahmad v. Municipal Board (1950):
The landmark case established that the issuance of writs, including Mandamus, could not be entirely prohibited even when alternative legal remedies were available. The court underscored the importance of addressing violations of fundamental rights through writs, ensuring a safeguard against rights infringements.
3. Sharif Ahmad v. HTA., Meerut (1977):
In this instance, the petitioner sought the Supreme Court’s intervention to enforce tribunal rulings that the respondent had refused to follow. The Supreme Court responded by issuing a Mandamus, directing the respondent to comply with the decisions of the tribunal. This highlighted the court’s authority to compel compliance with the rulings of administrative bodies.
4. SP Gupta v. Union of India (1981):
The Supreme Court, in a pivotal decision, ruled that the president of India is not subject to a writ mandating the determination of the number of judges on the High Court and the filling of vacancies. The judgment clarified the limitations on issuing writs of mandamus against high-ranking officials, including the president and governors, in certain matters of public administration.
5. C.G. Govindan v. State of Gujarat (1991):
In this case, the court declined to issue a writ of mandamus against the governor, emphasizing that the governor could not be compelled through a mandamus to accept the court staff’s salary. The decision underscored the distinction between matters of governance and the limitations on issuing mandamus against high-ranking officials, upholding the constitutional framework.
Writ of Mandamus – Meaning, Origin, Types & Important Judgement
Writ of Mandamus is a legal order telling officials to do their job. It ensures fairness, government accountability, and justice. This article explains the Writ of Mandamus, a legal order compelling officials to fulfill their duties. It covers its origins, types, constitutional provisions, and key judgments, highlighting its role in ensuring government accountability.
Writ of Mandamus
Table of Content
- Writ of Mandamus: Constitutional Provisions
- Origin- Writ of Mandamus
- Types of Mandamus
- Supreme Court of India on Mandamus
- Instances where mandamus will be issued
- Instances where mandamus will not be issued
- Writ of Mandamus: Important Judgements