Question

in india, it will not lie upon the president and the governor of a state in their personal capacities."

Answer 1

$<b><i><u>$ANSWER =====》

In India Article 32 and 226 of the Constitution gives power to the Supreme Court and High Court to issue writs in case of breach of Fundamental rights of any citizen by the state. By such writs the Judiciary can control the administrative actions and prevent any kind of arbitrary use of power and discretion.

There are 5 kinds of writs

- Mandamus

- Certiorari

- Prohibition

- Quo warranto

- Habeas corpus

A writ of mandamus or mandamus (which means "we command" in Latin), or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly". The word "mandamus" appeared in a number of orders issued by the sovereigns who ruled England in the live centuries following the Norman Conquest. These orders however were not concerned with the grievances of the citizens. The first instance of mandamus being used for enforcing the fight of a private citizen was in 1615 when it was issued to a mayor and corporation to restore a burgess to his office unless they could show cause to the contrary. As no cause was shown, a peremptory order to restore him to the office was issued.1 By the early eighteenth century, it was used to compel performance of a variety of public duties which had been wrongly refused.2 Mandamus lies to enforce a public duty in the performance of which the petitioner has a sufficient legal interest, but he must show that he has demanded performance which has been refused.3 It is discretionary and will not be granted if there is an alternative remedy equally beneficial, convenient and effective.

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