WRIT OF MANDAMUS | INDIAN CONSTITUTION | ARTICLE 32 | MASKMOONJI | TAMIL

WRIT OF MANDAMUS | INDIAN CONSTITUTION | ARTICLE 32 | MASKMOONJI | TAMIL



Hello everyone in this video we are explaining the concept writ of MANDAMUS.

The word ‘mandamus’ means ‘command’. It refers to a command or order issued to direct any person, corporation, inferior court or government to perform the public duty that they are legally bound by. Any person who is affected by the violation or abuse of such public duty and has the right to compel its performance can apply to a High Court or the Supreme Court for the issuing of the writ of Mandamus.

Conditions for the issuance of Mandamus
The following are the conditions to be satisfied before a writ of Mandamus can be issued :

The person or authority against whom the writ is sought to be issued must have some public duty to perform, which he has failed to do so.
Such public duty must be imperative or mandatory in nature and not discretionary and there has to be a failure in its performance.
The petitioner should have the right backed by law to compel the authority or person against whom he seeks to issue the writ of Mandamus.
When the petitioner called upon the authority to perform its public duty and it refused to do so.

Types of Mandamus
There are three types of Mandamus in the Indian legal system that one can find by observing the judgments related to Mandamus. The three types of Mandamus are the following :


1. Certiorarified Mandamus: The writ of Certiorari serves the purpose of providing a judicial review for a case that has already been tried by a subordinate court or when there has been an excess in its jurisdiction. When it is issued, the order of the subordinate court will be quashed. The writ of Mandamus can be issued when there has been a refusal in the exercise of jurisdiction. In certain cases, the writ of Mandamus and writ of Certiorari can coexist and complement each other. When a case gets rescinded by writ of Certiorari, it can be tried again according to the procedure of law, when a writ of Mandamus is issued subsequently.

2. Anticipatory Mandamus: It has been confirmed in several judgments that a writ of Mandamus cannot be issued on the mere apprehension of the petitioner that his fundamental or any other statutory rights are likely to be violated or that a public authority is likely to omit the performance of its public duties.

3. Continuing Mandamus: In certain cases, after the issuing of a writ of Mandamus, continuous supervision is also required. In such cases, the court can issue interim directions for surveillance and also call for the submission of a compliance report.


Hope this video is useful for all of you. For any queries give us a comment in the comment section.


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