My Lord, What is Mandamus?

“Mandamus literally means a command. The essence of Mandamus in England was that it was a royal command issued by the King’s Bench (now Queen’s Bench) directing performance of a public legal duty.

A Writ of Mandamus is issued in favour of a person who establishes a legal right in himself. A Writ of Mandamus is issued against a person who has a legal duty to perform but has failed and/or neglected to do so. Such a legal duly emanates from either in discharge of a public duly or by operation of law. The Writ of Mandamus is of a most extensive remedial nature. 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.”

– Hon’ble Justice S.B. Sinha, Union of India v. S.B. Vohra, (2004) 2 SCC 150.

Also see, D.N. Jeevaraj v. Govt. of Karnataka, [Civil Appeal No. 13785 of 2015]. In time, it shall be good for a further proposition.

“In issues pertaining to good governance, Courts ought to be somewhat more liberal in entertaining Public Interest Litigations. However, matters that may not be of moment or a litigation essentially directed against one organization or individual ought not to be entertained or should be rarely entertained.”