Court of Record doesn’t have the power to issue a Writ of mandamus against the President
In our constitution, there have been given many wide powers to the Supreme Court and the High Court. Including them, the power of
“issue Writ” has been provided to ensure justice in the Nation.
5 types of writs are available. These are Habeas Corpus, Quo warranto,
mandamus, Prohibition, Certiorari.
The definition of the Writ “Mandamus” is the Writ issued by the Supreme Court of India or the High Court of India that compels any Administration or people to not commit any illegal Act or any Omission. It also has jurisdiction over the governing body. compels any Administration or people to not commit any illegal Act
or any Omission. It also has jurisdiction over the governing body.
In our Constitution, it is also mentioned that the Writ of Mandamus cannot be issued by any court against the President of India and the governors of the state
. Also in
it is mentioned in their Constitution that the Writ of Mandamus cannot be issued against the “Crown of Prince”.
But the Constitution has provided the power
issue any of the Writs
mentioned there against the government of the states, or the center
. On multiple occasions, we have seen the situation when the Supreme Court or the High Court has issued this Writ of Mandamus against the government either the State government or the central government of India. I would like to recall the case of the former Prime Minister of India, ”Indira Gandhi
” during the Emergency period,
she was summoned by
the honorable High Court of Allahabad
. Also, it cannot be issued against the members of the Parliament
members of the Legislature of state
who has the power to enact any law or have the power to amend the rules of the constitution. In the jurisdiction of this writ also now it is clear that even on the Electoral body it can’t be issued but it also has a contradiction point
when the Writ of Mandamus issued against the Deputy Commissioner
of Election Commission compiling him
to hold the election
of Municipal corporation within a month or two.