Mandamus
/man-DAY-mus/
We command — a writ directing a public authority, court, or official to perform a mandatory public duty they have failed or refused to perform.
Full Definition
Mandamus (Latin: 'we command') is a writ issued by a superior court commanding an inferior court, tribunal, public body, or public official to perform a specific legal duty that they are bound to perform. Mandamus lies only for public duties — not private contractual ones. It requires: (1) a legal right in the petitioner to have the duty performed; (2) a corresponding legal duty in the respondent; (3) a demand for performance; (4) refusal or failure to perform. Mandamus cannot be issued against the President or Governor, a private person, or to enforce a discretionary (as opposed to mandatory) duty.
In Indian Law
Articles 32 and 226 of the Constitution empower the Supreme Court and High Courts to issue mandamus. It is most commonly used to: compel government to make appointments to which a person is legally entitled, force a public authority to decide a pending application, enforce a statutory duty, and direct universities to declare results. The Supreme Court in Shri Anadi Mukta Sadguru Trust v. VR Rudani (1989) explained the distinction between jurisdictional mandamus and directory mandamus.
Landmark Cases
Shri Anadi Mukta Sadguru Trust v. VR Rudani (1989) — Scope of mandamus
State of MP v. Mandawara (1954) — Mandatory vs discretionary duty
Frequently Asked Questions
Can mandamus be issued against a private person?
Generally no — mandamus enforces public duties. However, where a private body performs a public function (e.g., a private university granting degrees), courts have issued mandamus against them.