Introduction :-

Nature of the writ jurisdiction :-

A very significant aspect of the Indian constitution is the jurisdiction it confers on the High
court to issue writ. The writs is a kind of weapon which is issued by court for safeguard the
rights and liberties of people. Writs is introduced by British Judicial system in colonial era. It
was an act of great wisdom and foresight on the part of the constitution makers to introduce
the writ system in india and thus make the High court into guardians of the people’s legal
right.

In the modern time of welfare state, when there is governmental action on vast scale, a
procedure to obtain speedy and effective redress against an illegal exercise of power by
power by the executive is extremely desirable. With the help of writs court are able to control
at some extent the administrative authorities in the modern time.

Historical Aspect about Writs:-

In the pre-constitution time, only high courts of Calcutta, Madras and Bombay enjoyed
jurisdiction of issue writs. During that time every courts have limited territorially in which
courts could issue a writ not throughout the whole of its territorial jurisdiction but only within
the area of presidency town within courts enjoyed original jurisdiction. No other High court
had such kind of Jurisdiction. After article 226 of Indian constitution came into force give
power to Bombay, Calcutta, Madras and Bombay courts to issue writs even outside the limits
of the their original jurisdiction.

Writ is a public law remedy because ultimately it act as safeguard of people rights. Court
issued writs on concerned illegality, irrationality and procedural impropriety of an order
passed by state authority.

Scope of issuing Writs :-

The power of the High court to entertain a petition under Art. 226 is an original power. And
Art. 32 and 226 of the constitution gives power to the supreme court and high court to issue
writs in case of breach of fundamental rights of any citizen by the state.

The important point to note is that under art. 226 the power of a high court is not confined
only to issue of writs, it is broader then that for a high court can also issue any direction to
enforce any fundamental rights or “for the any purpose”. Under article 226(1) a High court is
empowered to issue direction, order or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, for the enforcement of a fundamental
right and for any purpose. High court exercise discretionary jurisdiction under Art. 226. The
great advantage of Art. 226 is that its scope cannot be curtailed down by legislation. The
Writs jurisdiction of High court can not be taken away by any legislation. Further, the words
in the article ‘in the nature’ of writs imply that a high court is not obligated to follow all the
procedural techinicalities of the English law releating to writs, or change of judicial opinion
from case to case there, but should keep to the broad and fundamental features of these writs
as followed in the English law. The High court can issue a writ even when the person reside,
or the authority is located, outside its territorial jurisdiction if the cause of act ion wholly or
partially arises within the court’s territorial jurisdiction.

It is the duty of the High Court before which the writ petition is filed to ascertain whether any
part of the cause of act ion has arisen within the territorial limits of its jurisdiction. It depends
on the facts of each case. When an order is challenged, cause of act ion arises.—

1. at the place where the order was made, as well as

2. at the place where its consequence fall on the person concerned.

The supreme court has said that the power of the High court under Art. 226 is supervisory in
nature and is not akin to appellate power. The main purpose of this power is to enable the
High court to keep the varius department within the bounds of their powers, but not to sit as
an appellate body over these departments. While using power under Art. 226, the High court
cannot go into the correctness of decision taken by the concerned authority but a review of
the manner in which the decision is made, it only ensure that the authority arrives at ita
decision according to law.

INTER-RELATIONSHIP OF Arts. 32 and 226 :-

Article 226 is wider in scope than Art. 32. Under article Art. 32 supreme court issue writs for
the enforcement of fundamental rights only, but on the other hand, high court issue writs
under article 226 for enforce not only fundamental right but also other legal rights. If
fundamental right not infringed, but other rights infringed then only high courts has
jurisdiction for issue writs according to releated concern.

Under Art. 136, the supreme court heras appeals from courts or tribunals, and not from
administrative body, under Art. 226, High court can issue writ to any authority, Quasi-
Judicial or administrative or legislative. So that Art. 226, is broader in scope than Art. 136.
Where as Art. 136 confer appellate jurisdication on thr supreme court, Art. 226 confers only a
writ jurisdiction on a High court, and the scope allowed to a court in its appellate jurisdiction
is much wider than what is available to a court in its writ jurisdiction.
Analysis Of Writ Of Mandamus:-
A writ of mandamus or mandamus (which means "we command" in Latin), or sometimes
mandate, is the name of one of the prerogative writs in the common law, and is "issued by a
superior court to compel a lower court or a government officer to perform mandatory or
purely ministerial duties correctly".

Definition of mandamus

Mandamus according to Black's law dictionary :-

"A writ issued by a court to compel performance of a particular act by lower court or a
governmental officer or body, to correct a prior action or failure to act."

Mandamus according to Wharton's Law Lexicon:-

"A high prerogative writ of a most extensive remedial nature. In form it is a command issuing
in the King's name from the King's Bench Division of the High Court only, and addressed to
any person, corporation, or inferior court of judicature requiring them to do something therein
specified, which appertains to their office, and which the court holds to be consonant to right
and justice. It is used principally for public purposes, and to enforce performance of public
duties. It enforces, however, some private rights when they are withheld by public officers."

Mandamus in Indian Law prior to the Constitution:-

Mandamus was introduced in india by creating the Supreme court in Calcutta 1773. Supreme
court in his presidency town were empowered to issue writs. Writs is an important part of the
Indian constitution. Art. 32 guarantee to every person the right to move the Supreme Court
directly for enforcement of fundamental. In Ambedkar's memorable words: 'If I was asked to
name any particular Article in the Constitution as the most important - an Article without
which this Constitution would be a nullity- I could not refer to any other Article except this
one(Art. 32). It is the very soul of the Constitution and the very heart of it'. According to this
statement we all understand about it’s importance in the Indian constitution.