Literal Meaning
We command or the order.
Explanation
The term mandamus means “the order”. There is a writ of mandamus mentioned under constitution of India. The writ of mandamus is thus a command issued by the court, asking a public authority, to perform a public duty belonging to its office. It is an order issued by a court commanding a public authority to do some particular act which appertains to its office and is in the nature of public duty.
Origin
Latin
Illustration
It cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.
Case References
Deepak khosla v. Union of India, AIR 2011 Del. 199
The Delhi High Court held that in the absence of there being any rule in regard to audio/video recording, the petitioner had no legal rights to claim a writ of mandamus for audio/video recording of court proceedings.
Kalyan Singh v. State of U.P., AIR 1962 SC 1183
In this case court held that the duty that may be enjoyed by mandamus may be one imposed by the constitution, a statute, a common law or by Rules or Orders, having the force of law.
Union of India v. C. Krishna reddy, AIR 2004 SC 1194
Court held that the chief function of the writ of mandamus, it is explained, is to compel performance of public duties prescribed by statute and to keep subordinate tribunals and officers exercising public functions within the limit of their jurisdiction.
Edited by Sree Ramya
Approved & Published – Sakshi Raje
