Mandamus

On May 21, a Supreme Court bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan dismissed a writ petition filed by some advocates seeking the registration of an FIR against Justice Yashwant Varma. The case stemmed from allegations of illicit cash recovery at his official residence.

Reason for Dismissal

The bench noted:

• The Chief Justice of India (CJI) had already forwarded the in-house inquiry report, along with Justice Varma’s response, to the President and the Prime Minister.
• The petitioners had not approached the President or the Prime Minister seeking action based on this report.
• Therefore, the writ petition seeking a mandamus (a directive to enforce a legal duty) was not maintainable.

Understanding Writ of Mandamus in Law

Constitutional Basis

• Article 32: Allows individuals to directly approach the Supreme Court for enforcement of fundamental rights.
• Article 226: Empowers High Courts to issue writs for enforcement of fundamental rights and other legal rights.

What is Mandamus?

• Mandamus is a judicial writ issued by a court commanding a public authority to perform a legal duty it is obligated to carry out.
• It ensures accountability of public officials and authorities under the law.

Limitations of Mandamus

• Cannot be issued against:
  • Private individuals or bodies
  • The President or State Governors
  • Sitting Chief Justices

Key Case Law

1. Binny Ltd. & Anr v. V. Sadasivan & Ors (2005)
   • Mandamus cannot be used to address private wrongs.
   • Applicable only when a public authority fails to discharge a legal duty.
2. Ramakrishna Mission v. Kago Kunya (2019)
   • Contracts or disputes not involving a public authority are outside the scope of mandamus.