Writ of Mandamus. Against whom this writ cannot be issued ?
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2023
Writ of Mandamus. Against whom this writ cannot be issued ?
Answer & Explanation:
Answer 4(c) The expression "mandamus" means a command. The writ of mandamus is, thus, a command issued to direct any person, corporation, inferior Court or Government authority requiring him to do a particular thing therein specified which pertains to his or their office and is further in the nature of a public duty. This writ is used when the inferior tribunal has declined to exercise jurisdiction. Mandamus can be issued against any public authority. The applicant must have a legal right to the performance of a legal duty by the person against whom the writ is prayed. Mandamus is not issued if the public authority has a discretion. Mandamus can be issued by the Supreme Court and all the High Courts to all authorities. However, it does not lie against the President of India or the Governor of a State for the exercise of their duties and powers. It also does not lie against a private individual or body except where the State is in collusion with such private party in the matter of contravention of any provision of the Constitution or of a Statute. It is a discretionary remedy and the Court may refuse if alternative remedy exists except in case of infringement of Fundamental Rights.
Topics: Administrative Law
Related Questions in this Topic
- Write short notes on the following: Reference and Review under Civil Procedure Code 1908.
- Write short notes on the following: The importance of 'Disclaimers' in the drafting of opinions by an expert.
- Write short notes on the following: Stages of Criminal Trial in a Summons case.
- Write short notes on the following: Res judicata and Bar to Further Suits.
- Explain the rule of Facta probantia in pleadings.