writ of mandamus

Topics: Habeas corpus, Law, United States Constitution Pages: 3 (1208 words) Published: October 11, 2013
Research work on writ of mandamus , mandamus is one of the kind of writ out of total five wrtits.The Latin word mandamus means "we order". The writ of mandamus is an order of the High Court or the Supreme Court commanding a person or a body to do that which it is his, of its, duty to do. Usually, it is an order directing the performance of ministerial acts. A ministerial act is one which a person or body is obliged by law to perform under given circumstances. For instance, a licensing officer is obliged to issue a license to an applicant if the latter fulfils all the conditions laid down for the issue of such license. Similarly, an appointing authority should issue a letter of appointment to a candidate if all the formalities of selection are over and if the candidate is declared fit for the appointment. But despite the fulfillment of such conditions, if the officer or the authority concerned refuses or fails to issue the appointment letter, the aggrieved person has a right to seek the remedy through a writ of mandamus. There are three essential conditions for the issue of a writ of mandamus. First, the applicant must show that he has a real and special interest in the subject matter and a specific legal right to enforce. Secondly, he must show that there resides in him a legal right to the performance sought, and finally, that there is no other equally effective, convenient and beneficial remedy.Concept of writs has its origin from England, the writs were issued by crown as the head judicial system. These writs are called prerogative writs in English common law and this writ was issued only on some probable cause being shown to the court. In England unlike in india there is no such written constitution and hence no specific declaration of fundamental rights yet the individual rights are safeguard by means by prerogative writs. Though this concept of prerogative writs was later abandoned or modified so that courts can give greater judicial relief in a large...
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