Mandamus
Latin: We command
Also called: Writ of mandamus, Continuing mandamus
A writ commanding a public authority, body or official to perform a public or statutory duty that it has failed or refused to perform. Issued under Articles 32 and 226.
Explained
Mandamus means 'we command'. It is a writ issued by a superior court directing a public authority, a body corporate, an inferior court or tribunal, or a public official to perform a public duty imposed by law which it has failed or refused to perform. Article 32(2) of the Constitution empowers the Supreme Court to issue writs in the nature of mandamus for the enforcement of fundamental rights. Article 226(1) empowers every High Court to issue it to any person or authority, including any Government, for the enforcement of Part III rights 'and for any other purpose', so the High Court's writ jurisdiction is wider. Under Article 139, Parliament may by law confer on the Supreme Court power to issue such writs for other purposes.
The conditions are settled: the petitioner must have a legal right to the performance of the duty; the respondent must be under a public legal duty, usually statutory and mandatory rather than discretionary; there must ordinarily have been a demand and refusal; and there must be no equally efficacious alternative remedy, though this is a rule of discretion. Mandamus can direct an authority to exercise its discretion according to law but cannot dictate how the discretion is to be exercised.
It does not lie against a private individual or body not performing a public duty, generally does not enforce purely contractual obligations, and cannot direct the legislature to enact a law. Hence a petition seeking a mandamus to compel the Government to introduce a uniform civil code under Article 44 fails, since Directive Principles are not enforceable by courts under Article 37. Article 361 protects the President and the Governors from being answerable to any court for the exercise of the powers and duties of their office.
The Supreme Court has developed the 'continuing mandamus', under which it keeps a matter pending and monitors compliance. In Vineet Narain v. Union of India (1997) it monitored investigations by the CBI in this way until charge-sheets were filed. Examiners test the conditions, the bar on directing legislation and the scope of Articles 32, 139 and 226.
What the law says
(2) 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.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
Supreme Court's power to issue writs including mandamus
[(1) Notwithstanding anything in article 32 ***, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, 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, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.]
(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.
[(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without—
High Court's power to issue mandamus for any purpose
Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32.
Parliament may enlarge the Supreme Court's writ powers
(1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties:
Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under article 61:
Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State.
Protection of President and Governors
Example
For example, if a municipal corporation refuses to decide a completed building permission application within the period the statute mandates, the applicant may seek a mandamus under Article 226 directing it to decide the application according to law.
For the exam
- Mandamus means 'we command'; it enforces a public legal duty.
- SC under Article 32 for fundamental rights; HC under Article 226 also for 'any other purpose'.
- Needs a legal right of petitioner and a public legal duty of respondent; demand and refusal ordinarily.
- Not against private persons, not to enforce contracts generally, not to compel legislation.
- Continuing mandamus: Vineet Narain (1997).
33 questions in the Law Maker question bank use this maxim. Practise Constitutional Law questions
Judgments
Related terms
- Habeas corpusA writ directing a person or authority holding someone in custody to produce him before the court and show lawful authority for the detention, failing which he is set free. Issued under Articles 32 and 226.
- CertiorariA writ by which a superior court calls up the record of an inferior court, tribunal or authority and quashes a decision made without jurisdiction, against natural justice, or with an error of law apparent on the record.
- Quo warrantoBy what authority. A writ requiring the holder of a public office to show the legal authority under which he holds it, and removing him if he has none.
- Locus standiThe right of a person to bring an action or be heard before a court, traditionally limited to a person aggrieved, and relaxed in India for public interest litigation.
- Ultra viresBeyond the powers. An act, rule or law made in excess of the authority conferred by the Constitution, the parent statute or a company's memorandum is ultra vires and void.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.