Writ of justice by Bhumica M @lexcliq

Writ of Justice 

 

By Bhumica M

BA-LLB

REVA University, Bangalore

 

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”. Writ of justice is also called a writ of mandamus which means we order. This writ is issued against a public authority who is under legal duty to do something.

This writ is applicable only to public bodies. The concept of locus standi applies in this writ. The Supreme Court can issue this writ for the reason of directing an inferior or lower court or department to do the needful for protecting the fundamental rights. but it is normally used for public purposes to enforce performance of public duties. This writ cannot be issued against the president or the governor. While any public body discharging or not discharging their duties in that course violates your fundamental rights then as a citizen we can approach the supreme court under article 32 of the Indian constitution and by which the Supreme court commands that particular public body not to violate fundamental rights. 

for example if garbage is not cleaned near my flat by any municipal committee then my fundamental right of article 21 that is to live in clean environment gets violated then I can approach the supreme court under this writ of mandamus under article 32 then the Supreme court is satisfied by my approach commands the municipal authority to discharge it’s work properly and not to violate my fundamental right. 

one more example in the Kanchipuram mutt which was regulated by Shri Shankaracharya an incident of murder took place. The police officials started the investigation procedures, and in the course of investigation they froze the bank account of Shri Shankaracharya. Shankaracharya approached the supreme court under this writ of mandamus saying his fundamental right under article 26 that his right to administer, maintain the religious institutions were violated by the public officials who are the public body. The supreme court asked the police why did they do so, it was not at all connected to the murder. Thus immediately the supreme court was forced to unfreeze the account of Shankaracharya. This is how under The spirit of justice the judiciary commands the public authorities for not violating the fundamental rights of its citizens. The ultimate check on executives by the judiciary. 

Hence the writ of mandamus is to protect the interest of the public from the powers given to them to affect the rights and liabilities of the people. This writ makes sure that the power or the duties are not misused by the executive or administration and are duly fulfilled. It safeguards the public from the misuse of authority by the administrative bodies. Hence it forms one of the basic tools in the hands of the common people against the administrative bodies if they do not fulfil the duties which by statutes they are bound to perform. 

 

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