Mandamus
A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.[1]
About
Mandamus is a legal recourse in the form of an order issued by a higher court to direct government entities, lower courts, corporations, or public authorities to either carry out a specific action required by law or refrain from actions they are obligated by law to avoid. This remedy pertains to matters of public duty and, in specific instances, statutory obligation.[2] It cannot be employed to compel an authority to act contrary to statutory provisions.
Mandamus can be supplemented by the statement that it is not only a command to do but also a command not to do a particular thing against the rights of the petitioner. Mandamus is supplemented by legal rights. It must be a judicially enforceable and legally protected right before one suffering a legal grievance can ask for a mandamus. A person can be said to be aggrieved only when that person is denied a legal right by someone who has a legal duty to do something and does not do it.
Legal requirements
The individual requesting the writ of mandamus must demonstrate a legitimate entitlement to compel the respondent to perform or abstain from a particular action. The duty in question must possess two essential characteristics:[3]
- It must be a duty of public nature
- The duty must be imperative and should not be discretionary.
Normally, a writ of mandamus does not issue to, or an order in the nature of mandamus is not made against, the private individual. It is not necessary that the person or the authority on whom the statutory duty is imposed be a public official or an official body. A mandamus can issue, for instance, to an official of a society to compel him to carry out the terms of the statute under or by which the society is constituted or governed and also to companies or corporations to carry out duties placed on them by the statutes authorizing their undertakings. A mandamus would be equally applicable for a company constituted by a statute for the purposes of fulfilling public responsibilities. The court to which the application for the issue of mandamus is made will not constitute itself a court of appeal from the decision of the administrative authority and will not examine the correctness or otherwise of a decision on merits.[4] The exercise of administrative discretion is not interfered upon by the court, but it will do so if there has been an illegal exercise of the discretion. There is an illegal exercise of discretion where:
- The order is made without, or in excess of jurisdiction
- The order made is mala fides, or
- The authority is influenced by extraneous consideration.
Purpose of Mandamus
The purpose of mandamus is to correct injustices. It is applicable in situations where a specific right exists but lacks an adequate legal remedy for enforcement. It can also be used when an alternative remedy exists but is less practical, advantageous, or effective. Generally, mandamus is not available preemptively unless the petitioner faces potential harm from an official action contradicting a statutory duty or the issuance of an illegal or unconstitutional order. The decision to grant mandamus lies within the discretion of the court, guided by established principles.[5]
Since mandamus is a discretionary remedy, its application must be made in good faith and not for indirect purposes. However, acquiescence cannot prevent the issuance of mandamus. The petitioner must convincingly demonstrate to the Court that he or she possesses a legal right to compel the performance of a legal duty, distinct from the discretionary authority.[6]
A mandamus is typically granted when an officer or authority is obligated by statute to fulfill a duty and has failed to do so despite a written request. In no other circumstance will a mandamus be issued, except when it is necessary to annul an unlawful order.
Kinds of Mandamus
There are essentially three kinds of Mandamus:
- Alternative Mandamus: This form of mandamus is initially issued, directing the defendant to either carry out the requested action or appear before the court at a specified time to provide a valid reason for not doing so.
- Peremptory Mandamus: This mandamus takes the form of an absolute and unconditional command to the defendant, instructing them to execute the specified action. It is issued when the defendant fails to comply with or provide an adequate explanation in response to an alternative mandamus.
- Continuing Mandamus: A continuing mandamus is issued in the broader public interest, directing a lower authority to promptly perform its duties for an unspecified duration to prevent any miscarriage of justice.
Mandamus in the United States
In general
In the realm of United States administrative law, the requirement that mandamus can be used only to compel a ministerial act has largely been abandoned. Either through statutory provisions or through the broadening interpretation of mandamus by the judiciary in most U.S. states, actions undertaken by administrative agencies are now open to judicial scrutiny for potential instances of abuse of discretion. The Administrative Procedure Act authorizes such judicial review of federal government agencies in the United States for cases involving abuse of discretion.
Federal courts
The power of the Supreme Court of the United States to issue a writ of mandamus outside its appellate jurisdiction was the controversy that led the Court to delve into the much more significant issue of judicial review in the famed case of Marbury v. Madison. In modern practice, the Court has effectively abolished the issuance of mandamus and other prerogative writs although it theoretically retains the power to do so.
In the context of mandamus issued by a United States Court of Appeals to a United States District Court, the Supreme Court has established that the appellate courts possess the discretion to grant mandamus in exceptional circumstances, particularly when there exists a compelling reason to bypass the typical process of awaiting an appeal from a final judgment. However, this discretion is exercised sparingly.
The authority of United States District Courts to directly issue mandamus has been specifically revoked by Rule 81(b) of the Federal Rules of Civil Procedure. Nevertheless, relief in the nature of mandamus can still be sought through other remedies outlined in the Rules, where provided by statute, or by leveraging the District Court's equitable powers.
State courts
In some state-court systems, mandamus has developed into a general procedure for discretionary appeals from nonfinal decisions made by trial courts.
Footnotes
- ↑ Bryan A Garner, Black's Law Dictionary, p. 980, 8th Ed., St. Paul, USA, 2004
- ↑ http://www.lectlaw.com/def2/m079.htm
- ↑ RK Choudhary's Law of Writs; Mandamus
- ↑ Vice-chancellor, Utkal University v. SK Ghosh, AIR 1954 SC 217: 1954 SCR 883
- ↑ http://www.lectlaw.com/def2/m079.htm
- ↑ Basantilal v. Laxminarayan, 1970 MPLJ (Note) 6
