GENERAL KNOWLEDGE

Detailed explanation-1: -The writ of Mandamus cannot be issued against the President of India or the State Governors; and against the Chief Justice of a High Court acting in the judicial capacity.

Detailed explanation-2: -The writ of mandamus cannot be issued: Against a private individual or body. To enforce departmental instruction that does not possess statutory force. When the duty is discretionary and not mandatory.

Detailed explanation-3: -Mandamus will not lie against a private organisation unless it is entrusted with a public duty. 2. Mandamus will not lie against a Company even though it may be a Government Company.

Detailed explanation-4: -’Mandamus’ means ‘we command’. It is issued by the Court to direct a public authority to perform the legal duties which it has not or refused to perform. It can be issued by the Court against a public official, public corporation, tribunal, inferior court or the government.

Detailed explanation-5: -Whenever a public officer or government has done some act which violates the fundamental right of a person, the Court would issue a writ of mandamus, restraining the public officer or government from enforcing that order or doing that act against the person whose fundamental right has been violated.