Mandamus: Who May Ask, Against Whom, and What Bars It

In one line

Mandamus goes to a public duty, so the applicant must have a right to its performance and the respondent must owe it.

In the wording a student can write in an exam: mandamus may be sought by a person whose legal right to the performance of a public duty has been infringed, and, in a public interest matter, by a person acting bona fide for those who cannot come to court; it lies against the State, statutory authorities, local bodies, public corporations, and private bodies on whom a statute imposes a public duty, but not to enforce a purely contractual obligation.

Who may ask

A person aggrieved. The ordinary rule. He must show a legal right, not a mere expectation, and the right must be his own.

Any member of the public, for a public duty owed to the public. Where the duty is owed to the public at large rather than to an individual, a member of the public with a genuine interest may apply. This is the older exception, and it grew into public interest litigation.

A person acting for those who cannot come. S.P. Gupta v. President of India, AIR 1982 SC 149, worked in [Public Interest Litigation and Judicial Review].

Not a busybody. Janata Dal v. H.S. Chowdhary, (1992) 4 SCC 305, holds that the relaxation of standing does not turn the courts into a forum for a meddlesome interloper or a person with a personal, political or oblique motive.

Against whom it lies

The Union and the States, through their officers.

Statutory authorities and local bodies, on duties imposed by their Acts.

Public corporations and instrumentalities, on public duties. Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi, AIR 1975 SC 1331, matters here because it holds that regulations framed under a corporation's constituting Act have the force of law, so a breach of them is a breach of a legal duty and not merely of an internal rule.

Private bodies discharging a public duty. Zee Telefilms Ltd. v. Union of India, decided on 2 February 2005, held that a body which is not the State under Article 12 may still be reached under Article 226 in respect of a public duty.

Officials of a society or a company where a statute imposes the duty. Praga Tools says this in terms.

Against whom it does not lie

A purely private person on a private obligation.

On a contract. Praga Tools Corporation v. C.A. Imanual, AIR 1969 SC 1306, worked in [The Writ of Mandamus], is the authority, and the point survives even where the Government holds most of the shares.

The President and the Governors, in respect of the exercise of the powers and duties of their office, having regard to Article 361.