Writ of Mandamus an Overview

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  • Topic: Habeas corpus, Mandamus, Law
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WRIT OF MANDAMUS AN OVERVIEW

Project submitted to:
Md. Hadiur rahman
(Faculty: Administrative law )

Project submitted by:
Jaya kosley
ROLL NO. 53
Semester ‘Vi’

HIDAYATULLAH NATIONAL LAW UNIVERSITY
RAIPUR, (C.G)

TABLE OF CONTENTS
ACKNOWLEDGMENT3
OBJECTIVES4
LIST OF CASES4
RESEARCH METHODOLOGY5
INTRODUCTION6
DEFINITION OF MANDAMUS7
MANDAMUS IN INDIAN LAW PRIOR TO THE CONSTITUTION7
FRAMEWORK OF LAW IN RELATION TO MANDAMUS8
INTERPRETATION OF PUBLIC RIGHT AND MANDAMUS9
CASES IN WHICH THE COURT HAS USED MANDAMUS:10
AGAINST WHOM MANDAMUS WILL NOT ISSUE12
ALTERNATIVE REMEDY: A BAR TO MANDAMUS13
CONCLUSION15
REFERENCES16
BIBLIOGRAPHY16
ARTICLES:16
BOOKS:16
WEBLIOGRAPHY16
LEGAL WEBSITES:16
WEBSITES:17

ACKNOWLEDGMENT
At the outset, I would like to express my heartfelt gratitude and thank my teacher, Md. Hadiur Rahman for putting his trust in me and giving me a project topic such as this and for having the faith in me to deliver. Sir, thank you for an opportunity to help me grow. My gratitude also goes out to the staff and administration of HNLU for the infrastructure in the form of our library and IT Lab that was a source of great help for the completion of this project.

* JAYA KOSLEY
(Semester ‘VI’)

OBJECTIVES
* To study meaning of writ of mandamus,
* What is the traditional writ of mandamus? Can it be modified in the Indian context? * To study mandamus under Indian law prior to Constitution, * To study the interpretation of public right and mandamus.

LIST OF CASES
* Praga Tools Corporation v. C.V. Imanual (A.l.R. 1969 S.C. 1306) * Sohanlal v. Union of India (A.I.R. 1957 S.C. 529: (1957) S.C.R. 738) * Raman & Raman v. State of Madras (A.l.R. 1959 S.C. 694) * State of Assam v. Ajit Kumar (A.l.R. 1965 S.C. 1196)

* S.I. Syndicate v. Union of India
* Bandhua Mukti Morcha case
* Indian Council for Enviro-Legal Action ((1996) 5 SCC 281) * Vellore Citizen’s Wellfare Forum v. Union of India ((1996) 5 SCC 647) * D.K. Joshi v. Chief Secretary, State of U.P ((1999) 9 SCC 578) * M.C. Mehta v. Union of India (AIR 1987 SC 1086.)

* T.N. Godavarman v. Union of India

RESEARCH METHODOLOGY
The objective of this project is to understand the examine the doctrine of mandamus and to see its evolution, how it has been applied by the courts, its efficacy and finally, its constitutional validity. The scope of the project is limited in that very little case law relating to mandamus has been dealt with pre-1995.The project also extends to analysing its constitutional validity in light of the basic structure doctrine

This Doctrinal research is descriptive and analytical in nature. Secondary and Electronic resources have been largely used to gather information and data about the topic. Books and other reference as guided by Faculty of sociology have been primarily helpful in giving this project a firm structure. Websites, dictionaries and articles have also been referred. Footnotes have been provided wherever needed, to acknowledge the source.

INTRODUCTION
In India Article 32 and 226 of the Constitution gives power to the Supreme Court and High Court to issue writs in case of breach of Fundamental rights of any citizen by the state. By such writs the Judiciary can control the administrative actions and prevent any kind of arbitrary use of power and discretion. There are five kinds of writs:

* Mandamus
* Certiorari
* Prohibition
* Quo-warranto
* Habeas-corpus
A writ of mandamus or mandamus (which means "we command" in Latin), or sometimes mandate, 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". The word "mandamus" appeared in a number of orders issued by the sovereigns who...
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