Mandamus, Certiorari and Prohibition
Compelling a public authority to perform its duty, and quashing or restraining orders made without jurisdiction or in breach of natural justice.
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What this case type involves
Mandamus commands a public authority to perform a mandatory public duty that it has refused or failed to perform — issuing a licence, deciding a pending application, paying a lawful due. It requires a demand and refusal (or unreasonable delay) and a legal right in the petitioner. Certiorari quashes a decision already made by a court, tribunal or authority that acted without jurisdiction, in breach of natural justice, or on an error of law apparent on the face of the record; prohibition stops such a proceeding before it concludes. None of these writs allows the court to substitute its own view on the merits where the authority acted within its powers.
Key legal provisions
Provisions are quoted by section and Act. The notes paraphrase their effect; always read the current text of the statute before relying on it.
‘Article 226, Constitution of India’
High Court's power to issue writs including mandamus, certiorari and prohibition.
‘Article 32, Constitution of India’
Supreme Court's power where a fundamental right is in issue.
‘Article 14, Constitution of India’
arbitrariness and violation of natural justice as grounds for certiorari.
Filing procedure, step by step
- 1Make a written demand to the authority and allow a reasonable time.
- 2File the writ petition with the demand, the refusal or evidence of inaction, and the legal provision imposing the duty.
- 3For certiorari, annex the impugned order and the record showing the jurisdictional or legal error.
- 4Seek interim directions or stay as appropriate.
Limitation periods
- No fixed period; laches applies. Challenges to orders should be filed within the time an appeal against that order would have been available.
Limitation is computed under the Limitation Act 1963 and the specific statute; the time taken to obtain certified copies is generally excluded. Verify the applicable period with counsel before filing.
Documents you will need
- Demand or representation and proof of service
- Impugned order and the record before the authority
- Statute or rule creating the duty or power
- Documents establishing the petitioner's right
Practical tips for litigants
- Mandamus does not lie to enforce a contractual obligation or a discretionary power — plead a statutory duty.
- For certiorari, focus on jurisdiction and procedure; errors of fact are not enough.
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