Mandamus: The Writ That Commands Accountability
Mandamus: It literally means “we command”. It is command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior Court, a tribunal or government for the same.
The Purpose of the Writ
The object of Mandamus is to prevent disorder from a failure of justice and is required to be granted in all cases where law has established no specific remedy and where justice despite demanded has not been granted. Mandamus can be granted only when a legal duty is imposed on the authority in question and the petitioner has a legal right to compel the performance of this duty. The performance of the duty should be imperative and not discretionary.
Following are the essentials for issuing the writ of mandamus:
•There has to be a legal or statutory duty in favour of applicant
•The applicant made a representation before the authority for performance of such duty
•The authority has failed to perform the legal or statutory duty
Generally, the writ of mandamus will not lie if the duty is not a mandatory duty and it is only a discretionary duty. This writ is to enforce performance of public duty by authorities of all kinds. In the case of Union of India v. SB Vohra, (2004) 2 SCC 150, the Supreme Court held that the object of mandamus is to prevent disorder from a failure of justice and is required to be granted in all cases where the law has established no specific remedy and where justice despite demanded has not been granted.
Mandamus can be granted only when a legal duty is imposed on the authority in question and the petitioner has a legal right to compel the performance of this duty. The performance of duty must be imperative and not discretionary. The legal right of an individual may be founded upon a contract or a statute or an instrument having the force of law.
Mandamus is not issued when the right is purely private in character. The proper course for enforcement of private right is civil suit except when the matters falls in public domain.
Key Cases on Mandamus in Public Law
In the case of DFO v. Ram Sanehi Singh, AIR 1973 SC 205, the Supreme Court held that mandamus can be issued if a pubic authority acts in an arbitrary and unlawful manner even though the source of right of the petitioner may initially be in a contract.
In the case of Lekhraj Sathrandas v. Dy. Custodian, AIR 1966 SC 334, the court held that Mandamus is not issued if the right is purely of a private character. A private right, such as arising out of a contract, cannot be enforced through mandamus and the proper course is a civil suit except when the matter falls in the public law domain.
The Supreme Court has emphasized in the case of Tata Cellular v. Union of India, (1994) 6 SCC 651, that while the court does not interfere with government’s freedom of contract, invitation to tenders and refusal of any tender which pertain to policy matter, the Court can interfere when the State decision or action is vitiated by arbitrariness, unfairness, illegality, irrationality or unreasonableness.
Conclusion –
The writ of mandamus stands as a cornerstone of public law, compelling public authorities to fulfill their mandatory duties and ensuring accountability in governance. Through landmark cases like DFO v. Ram Sanehi Singh, Lekhraj Sathrandas, and Tata Cellular, the Supreme Court has defined its scope, balancing the enforcement of public duties against the limitations of private rights. By addressing arbitrary and unlawful actions, mandamus upholds justice, reinforcing the rule of law where no other remedy exists.
We Hope you now understand the Writ of Mandamus through given landmark cases.
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