MANDAMUS

Feb. 10, 2020

The Supreme Court has ruled that no mandamus can be issued by the court directing state governments to provide reservations.

About: 

  • Mandamus literally means ‘we command’. When issued to a person or body, the writ of mandamus demands some activity on their part. 

  • It orders the person or body to perform a public or quasi-public duty, which they have refused to perform, and where no other adequate legal remedy exists to enforce the performance of that duty. 

Exceptions: 

  • Under Article 361, mandamus cannot be granted against the President or Governor of a State, “for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties”. 

  • The writ also cannot be issued against a private individual or body, except where the State is in collusion with the private party for contravening a provision of the Constitution or a statute. 

  • The writ cannot be issued unless the legal duty is of public nature, and to whose performance the applicant of the writ has a legal right. The remedy is of a discretionary nature — a court can refuse to grant it when an alternative remedy exists. 

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