Definition
A writ issued by the Supreme Court or High Court commanding a public authority, government officer, inferior court, or corporation to perform a public duty imposed on them by law and which they have failed or refused to perform.
Mandamus (Latin: 'we command') is a writ issued under Article 32 (Supreme Court) or Article 226 (High Court) directing a public authority to perform a specific legal duty. It lies against: (a) inferior courts and tribunals that have refused to exercise jurisdiction they must exercise; (b) public authorities and government officers who have failed to perform duties imposed by statute; and (c) statutory corporations and bodies performing public functions. Mandamus does not lie against private bodies, against the exercise of discretion (courts cannot command a particular outcome, only that discretion be exercised), or to direct the legislature to pass a law.
Statutory Definition
Article 32(2), Constitution of India: 'The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.' Article 226: Same power vested in High Courts.
Etymology & Origin
Latin 'mandamus' (we command) — first person plural present indicative of 'mandare' (to command, to order). The writ literally begins with the word 'mandamus' — 'We command you to...' — reflecting royal authority commanding compliance.
Full Legal Analysis
Writ of Mandamus: The Command to Do Your Duty
Mandamus is the most powerful tool for compelling public authorities to act. When a public servant or public body refuses to do what the law requires of them — not an optional act, but a statutory duty — mandamus compels performance. It is the judicial system's mechanism for ensuring that the executive branch of government cannot simply refuse to act when law requires action.
Conditions for Issuance
Mandamus will lie only when: (a) there is a legal duty imposed on the respondent by statute, common law, or constitutional provision; (b) the duty is of a public nature (not a private contractual duty); (c) the petitioner has a corresponding right to have the duty performed; (d) the respondent has failed or refused to perform the duty; and (e) the petitioner has made a demand for performance and has been refused (formal demand is essential).
Mandamus Does Not Lie to Command Discretion
If the public authority has discretion — a choice between several lawful courses of action — mandamus cannot direct which course to choose. The court can direct that discretion be exercised (where a refusal to exercise it is itself unlawful) but cannot substitute its own judgment for the authority's on how discretion should be exercised. Mandamus compels the existence of a decision; it cannot prescribe its content where discretion is involved.
Classic Applications
Mandamus has been used to: (a) compel Magistrates to register FIRs (Lalita Kumari); (b) direct government to consider a pending application; (c) compel disclosure of information under the Right to Information Act; (d) direct statutory bodies to hold elections; and (e) compel release of prisoners wrongfully held. In State of Bombay v. K.P. Krishnan AIR 1960 SC 1223, the Court held that mandamus can issue to compel a statutory body to act within the limits of its own statute.
“Mandamus commands what law already requires. It does not create new duties — it enforces existing ones. Where a public authority refuses to do what the law demands, mandamus is the court's direct and powerful reply.”
This Term in Indian Statutes
Constitution of India, 1950
"Every High Court shall have power to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, certiorari, and others, for the enforcement of any of the rights conferred by Part III and for any other purpose."
Constitutional source of High Court's mandamus power — broader than Article 32 (not limited to fundamental rights)
