The writ of Mandamus is a legal concept and one of the five prerogative writs in Indian law, literally translating from Latin as "we command". It is an authoritative order issued by a superior court to compel a public authority, inferior court, tribunal, or government body to perform a specific legal duty that is public in nature and not discretionary. The concept originated in English Common Law, where the King's Bench Court issued royal commands to officials, and was introduced in India during the British colonial period. The writ was adopted by the framers of the Indian Constitution to safeguard individual rights and ensure judicial accountability.
The mechanism for issuing this writ is enshrined in the Constitution of India under Article 32 and Article 226. Article 32 empowers the Supreme Court to issue the writ for the enforcement of Fundamental Rights, while Article 226 grants the same power to High Courts for the enforcement of Fundamental Rights and any other legal right. A petitioner must demonstrate a legal right to the performance of a duty and a corresponding public duty incumbent upon the authority, which the authority has failed or refused to perform. The writ cannot be issued against private individuals, to enforce a contractual right, or to compel the performance of a purely discretionary function.
A significant evolution is the concept of "Continuing Mandamus," established by the Supreme Court in cases like Vineet Narain v. Union of India. This is a form of adjudication where the court issues orders and keeps the case pending to scrutinize the continuous implementation of its directions, preventing a miscarriage of justice. A recent change connects Mandamus to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS); the Allahabad High Court has held that a writ of Mandamus for non-registration of a criminal case cannot be issued if the petitioner has an efficacious statutory remedy under Chapter XIII of the BNSS, 2023. This emphasizes that Mandamus is an extraordinary remedy, not a substitute for available statutory procedures.