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Mandamus

Term
Constitutional
Literal meaningWe command
Pronunciationman-DAY-mus

A writ commanding a public authority to perform a public duty that it has failed to perform.

Example

An authority refuses to issue a licence to an applicant who meets every legal condition. The High Court can order it to issue the licence.

Statutory link

Articles 32 and 226 of the Constitution of India.

Exceptions / limits

Mandamus does not lie against the President or Governors personally, or to enforce a private contract. It needs a legal right and a public duty.

Exam tip

Remember the conditions: a public duty, a legal right, a demand and refusal.

Memory trick

Mandamus = we command.

Key takeaway

Mandamus orders a public authority to do its duty.

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