Introduction

The Constitution of India guarantees its citizens certain basic rights and liberties such as the Right to life,
freedom of speech and expression, equality, etc., which are enshrined in Part III of the Indian
Constitution. However, mere granting of rights is not sufficient. The State must take action to uphold
and protect the constitutionally guaranteed rights of the Indian citizens. When an injustice occurs to
anyone in any part of a state, the State should provide a remedy to correct the wrong or injustice. This is
where the concept of writ gets its basis from.

In India, only High Courts and Supreme Court have the power to issue writs. The power of High Courts to
issue writs is vested in Article 226 of the Indian Constitution, whereas the power of the Supreme Court
to issue writs is vested in Article 32.

There are five types of writs enumerated in the Indian Constitution which are issued by both Supreme
Courts and High Courts. They are Mandamus, Certiorari, Habeas Corpus, Quo Warranto, and Prohibition.

Meaning

The word ‘mandamus’ means ‘command’. It refers to a command or order issued to direct any person,
corporation, inferior court or government to perform the public duty that they are legally bound by. Any
person who is affected by the violation or abuse of such public duty and has the right to compel its
performance can apply to a High Court or the Supreme Court for the issuing of the writ of Mandamus.

Conditions for the issuance of Mandamus 

The following are the conditions to be satisfied before a writ of Mandamus can be issued : 

1. The person or authority against whom the writ is sought to be issued must have some public duty to
perform, which he has failed to do so. 
2. Such public duty must be imperative or mandatory in nature and not discretionary and there has to be
a failure in its performance. 
3. The petitioner should have the right backed by law to compel the authority or person against whom he
seeks to issue the writ of Mandamus. 
4. When the petitioner called upon the authority to perform its public duty and it refused to do so. 

The following are the purposes for which a writ of Mandamus may be issued : 

1. For the enforcement of fundamental rights, the writ of Mandamus will be issued by the court that would
restrain the public official or the government from doing the act against the aggrieved person. 
2. There are other purposes for which writ of Mandamus can be issued by a High Court, but not the
Supreme Court. They are the following : 

1. To restrain a public official or the government from enforcing any law that is unconstitutional. 
2. To compel a court or tribunal to exercise its jurisdiction when it has refused to do so. 
3. To compel any person to perform their public duty which is either constitutional or statutory. 
4. When an official exercises his public authority excessively, or unlawfully, or maliciously, or in a manner
in which he does not apply his mind in it, or abuses his discretionary powers.  
Exceptions to its application  
There are certain persons against whom the writ of Mandamus won’t lie. The following are the limitations to the
application of Mandamus: 

1. No writ of Mandamus can be granted against the President and governors of states. 
2. It won’t be granted against private individuals and companies that have no public duty to perform. 
3. It cannot be issued against a legislature, commanding or preventing it to enact a legislation. 

Types of Mandamus 
There are three types of Mandamus in the Indian legal system that one can find by observing the judgments
related to Mandamus. The three types of Mandamus are the following : 

1. Certiorarified Mandamus: The writ of Certiorari serves the purpose of providing a judicial review for a
case that has already been tried by a subordinate court or when there has been an excess in its
jurisdiction. When it is issued, the order of the subordinate court will be quashed. The writ of
Mandamus can be issued when there has been a refusal in the exercise of jurisdiction. In certain cases,
the writ of Mandamus and writ of Certiorari can coexist and complement each other. When a case gets
rescinded by writ of Certiorari, it can be tried again according to the procedure of law, when a writ of
Mandamus is issued subsequently.  
2. Anticipatory Mandamus: It has been confirmed in several judgments that a writ of Mandamus cannot
be issued on the mere apprehension of the petitioner that his fundamental or any other statutory rights
are likely to be violated or that a public authority is likely to omit the performance of its public duties. 
3. Continuing Mandamus: In certain cases, after the issuing of a writ of Mandamus, continuous
supervision is also required. In such cases, the court can issue interim directions for surveillance and
also call for the submission of a compliance report. 

In the case of Sharif Ahmad v. HTA., Meerut (1977), when the respondent did not obey the orders of the tribunal,
the petitioner approached the supreme court for the enforcement of the orders of the tribunal. The Supreme Court
issued a Mandamus ordering the respondent to abide by the orders of the tribunal. 

In the landmark case of SP Gupta v. Union of India (1981), the judges ruled that the president of India cannot
have a writ issued against him, that directs him to fix the number of judges of the High Court and fill vacancies.
The courts cannot issue a writ of Mandamus against persons like the president and governors. 

In the case of C.G. Govindan v. the State of Gujarat (1991), the Court refused to issue a writ of Mandamus against
the governor to approve the salaries of court staff fixed by Chief Justice of High Court under Article 229. It was
ruled that a writ of Mandamus cannot be issued against a governor. 

To sum up, the writ of Mandamus is an instrument of law that can be utilized by the citizens when they are
aggrieved by a breach in the performance of a public duty by any authority, which violates their fundamental or
any statutory rights. It serves a major role in ensuring that the state remains accountable to its citizens and
protects citizens against the excess in the use of power by the state. However, there are certain limitations and
conditions to its application.