Writ of Mandamus: What Is It About?

The term “mandamus” literally means “command.” Writ of mandamus is issued to a person or lower level Court or a body by a superior Court. The writ of mandamus is either issued to oblige a person or the Court or a body for the execution of public duty or imposed on them to restrain them from executing a particular act. The writ of mandamus is an effective writ that checks the functioning of the government.

A writ of mandamus cannot be issued against contractual obligations of the government, as they are not considered public duties. The writ of mandamus can be granted only for matters involving public duty that is mandatory and not discretionary in nature. However, in a case where an authority has been granted a discretionary power and the authority declines to exercise the power or exercises it in an improper manner, the Court may issue an order of mandamus to oblige the authority to exercise its discretion and direct the authority to use the legal power vested in it.

The writ of mandamus is also popularly known as the writ of justice as it plays a significant role in rectifying the improper and irresponsible actions of government officials and it serves the purpose of almost all other writs. The writ of mandamus can be granted only if the petitioner proves that he possesses a legal right to oblige the government to act in a specific manner or perform a duty.

Writ of Mandamus: A Case Study

In the landmark case of Bombay Municipality v. Advance Builders, Citation A.I.R (1972) S C 793, the Municipality had prepared a town planning scheme, which was also approved by the government.  However, no relevant action was taken to implement the plan in a measurable time period. The municipality was directed by the Court to implement the plan.