• Writ of mandamus on government

Can a citizen move the supreme court to issue a writ of mandamus to amend laws ? quit laughing and please please answer with reference . How long till it is heard...
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

Hi,

A citizen has all the rights to approach court of law and protect his rights. You may move appropriate writ for declaring any law or act unconstitutional. The actual time line can't be predicted.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Yes a citizen can file writ of mandamus against govt. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If you are directly affected by any particular law and therefore  a cause of action arises, you can file a writ either in high court or Supreme Court. 

If the law does not have any direct effect on you and no cause of action arised but the law in general affects a larger section of our society , then you need to file PIL in either high court or Supreme Court. 

Many Laws have been declared unconstitutional and void by courts.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

The courts are duty bound to protect the fundamental rights and therefore mandamus is issued. 

2) party seeking mandamus must show that the demand justice from the authority concerned by performing his duty and that the demand was refused. 

3) the writ of mandamus is to protect the interest of the public from the powers given to them to affect the rights and liabilities of the people. This writ makes sure that the power or the duties are not misused by the executive or administration and are duly fulfilled. It safeguards the public from the misuse of authority by the administrative bodies

 

4) SC can declare law passed by parliament ultra vires 

 

 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

धत्त चूतिए!! ??

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

Who is laughing? Kindly explain the case and why do you want to change the laws??

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

-  A writ of mandamus is a court order issued by a judge at a petitioner's request compelling someone to execute a duty he is legally obligated to complete. It can also be issued when the authority of a higher court is required to order a lower court or government agency to complete a duty to uphold the law.

- Yes , as per law, any citizen can move to Supreme Court ,for issuing order against any law, official, government department , and for its implementation.

- Time period will depend on the periority /urgency of the said order for implementation . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Yes writ can be filed seeking direction agaisnt the government for any laws. Though it shall be heard as per the merits in the case.

Also next time you seek some information kindly avoid mentioning quit laughing and such other terms it is disrespectful and derogatory.

Also as far as refrences are concerned there are many laws which are formed and amended by petitions and PIL. Like case of Vishakha vs. state of Rajasthan wherein women safety rules in working places are made or the recent judgment challanging the adultery law.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You should be more specific. I didn't get your Querry

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

It is settled law in a long line of judgments that mandamus cannot be issued to the government to amend a law.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

I am afraid this cannot be done as Courts cannot the Executive to make  or amend laws.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

writ petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your fundamental rights are violated. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Against central act, can file writ in HC or SC. State act should challenge in state HC first.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

Citizen Can Petition Legal Authority to Issue Writ of Mandate” The Writ of Mandate (Mandamus) is a court order to government agency or another court to correct its previous illegal behavior in order to comply with the law. This mandamus is issued to correct defects of justice.

It is not a writ of right and is not issued as a matter of course. Some of the conditions precedent to the issue of writ of mandamus appear to be: (1) the applicant for a writ of mandamus must show that there resides in him legal right to the performance of a legal duty by the party against whom the mandamus is sought; (2) the Court will not Interfere to enforce the law of the land by the extraordinary remedy of a writ of mandamus in cases where an action at law will lie for complete satisfaction; in order, therefore, a mandamus may issue to compel something to be done, it must be shown that the statute imposes a legal duty; (3) the writ is only granted to compel the performance of the duties of a public nature; and (4) the Court will, as a general rule and in the exercise of its discretion, refuse a writ of mandamus when there is an alternative specific remedy at law, which is not less convenient, beneficial and effective.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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