Mandamus



Supreme
Court of India and the High Courts of different states can issue Mandamus to an inferior court, public
body, public corporation, public official, tribunal or government asking them
to perform their duties, which they were to perform, but refused. In other
words, if a public office, court or government fails to perform their duties,
the Supreme Court or a high court can ask them to perform their constitutional
duties by issuing the Writ of Mandamus.
However, this issuance is made by the superior court against a petition, which
is called the writ petition.




Origin
and meaning



The
term Mandamus is a Latin word that
means “we command”. If a public body or court denies to response against a case
or issue, an Indian citizen can file a petition asking the superior court to
command such public body or inferior court. This right is given to every
citizen of India through Article 32 of the Indian Constitution.



Concept
of Mandamus



The
writ of Mandamus is a remedy against non-performance of any act by a public
body or an inferior court. It is a fundamental right of a person to appeal to a
tribunal or public authority for resolving any issue that comes under the judicial authority of that tribunal or the administrative authority of the
public office. However, if such a tribunal (including lower courts) or the
public office fails to perform their legal duties, a person can file a petition
directly to the Supreme Court.