Question

Which Writ petition in the Indian Constitution does have the meaning of “We command”?

• A. Mandamus
• B. Certiorari
• C. Prohibition
• D. Quo Warranto

Answer 1

Answer:

A. Mandamus

Mandamus

• Literal Meaning: The Latin term Mandamus translates to 'We command'.
• Nature of the Writ: It is a command issued by a higher court (Supreme Court under Article 32 or High Court under Article 226) to a lower court, tribunal, public authority, corporation, or government official.
• Purpose: It directs the entity to perform a public duty which they have failed or refused to perform.
• Scope: It is used to enforce the performance of public duties and to protect the rights of citizens against administrative inaction.
• Limitations:
  • It cannot be issued against a private individual or organization.
  • It cannot be issued against the President of India or the Governors of States.
  • It cannot be enforced against a Chief Justice of a High Court acting in a judicial capacity.
  • It is not granted to enforce a contractual obligation or discretionary duty.
• Constitutional Provision: While the Supreme Court can issue this writ only for the enforcement of Fundamental Rights, High Courts have a wider jurisdiction and can issue it for the enforcement of Fundamental Rights as well as for any other purpose.