3.

Mandamus: The term mandamus comes from the Latin word mandare which literally means
‘we command’. The order is thus a command issued by the High Court to an administrative
authority or inferior tribunal directing it to perform a peremptory duty imposed upon it by law.
For example, when a body omits to decide a matter which it is bound to decide, it can be
commanded to do so by an order of mandamus. The order can also be issued when a public body
denies itself a jurisdiction which it has in law, or where an authority vested with power
improperly, unreasonably or unfairly refuses to exercise it.
The order of mandamus issues against any kind of authority in respect of any type of function –
be it administrative, legislative, quasi-judicial or judicial – to enforce a duty the performance of
which is imperative and not optional or discretionary. When an authority fails in its legal duty to
implement an order of a tribunal, mandamus can be issued compelling it to do so. Mandamus
also issues when the affected person has demanded the performance of a public duty, which
demand has been met with refusal, failure or neglect. It is after that he can invoke the jurisdiction
of the High Court to command performance. The demand for performance is not a matter of
form but a matter of substance.
The order of mandamus issues to compel performance of a peremptory public duty not to control
the exercise of discretion. Thus, where a statute imposes a duty but leaves discretion as to the
mode of performing the duty in the hands of the authority on whom the obligation lies,
mandamus cannot command the duty in question to be carried out in a particular way or specific
manner but would require the carrying out of the duty. As de Smith puts it, ‘the order enjoys vast
popularity as a means of prodding inert and inept officials and authorities into fulfilment of their
obligations.’ Mandamus is defined in the Halsbury’s Laws of England in the following words:
‘The order of mandamus is of most extensive remedial nature and is in the form of a command
issuing from the High Court of Justice directed to any person, corporation or inferior tribunal
requiring him or them to do some particular thing therein specified which appertains to his or
their office and is of the nature of a public duty. Its purpose is to remedy the defects of justice and
accordingly it will issue to the end that justice may be done, in all cases where there is a specific
legal right, and it may issue in cases where although there is an alternative remedy, yet that mode
of redress is not convenient, beneficial and effectual.’
4. Declaration, Injunctions and Damages: A declaration connotes that order or decree of the
court where it pronounces or declares the rights of the parties without giving further relief. Court
declarations, unlike ordinary judgements, cannot be enforced through execution. This is because
a declaration, by its nature and character, does not prescribe any sanction, has no coercive force
and does not require the person whom it is issued to do anything. Declarations assist to clear
suspense, doubts or uncertainties regarding the legal rights and duties of parties, and enables
each party to proceed to respect such rights and perform the duties and hence to obey the law.
For instance, declaration will be of great value where an individual is in possession of some
property under a title which is contested by another person or government.
The order of injunction, in those jurisdictions in which it is available in judicial review proceedings,
issues to compel an administrative authority to do a thing which the law requires it to do, or
refrain from engaging in an illegal action. The type of injunction that compels a body or imposes
a positive duty on an authority to do something is known as mandatory injunction while that
which restrains an authority from engaging in illegal actions is known as prohibitory injunction.
Injunctions may be described as temporary, perpetual or permanent. Temporary injunctions are
ordinarily issued to preserve the subject matter of the case or some legal status before full
hearing and determination of a case pending before courts of law. It is an interim relief and its
purpose is to preserve the status quo – the condition preceding the institution of a suit. In so
doing, a temporary injunction has two main advantages. Firstly, it grants a party with legitimate
grievance protection in the time spanning from the time a case is instituted to the time the case
is determined. Secondly, it also serves to ensure that the subject matter of a suit is not destroyed
and that courts do not sit in vain or engage in moots with no useful substantive orders to make
in the end. Perpetual or permanent injunctions are decreed after a case is heard on the merits.
An award of damages is, strictly, a matter of private law, and only features as a form of collateral
challenge in proceedings for judicial review. Damages are ordinarily sought through ordinary civil
law actions. Thus, if the main purpose of the litigation is to seek damages, it is advisable to pursue
the claim in a civil action and not through judicial review proceedings.