Writ is a public law remedy. It refers to a formal, written order issued by a judicial authority directing an individual or authority to do or refrain from doing an act. The High Court, while exercising its power of judicial review, does not act as an appellate body. It is concerned with illegality, irrationality and procedural impropriety of an order passed by the State or a Statutory Authority. A High Court is empowered to issue directions, orders or writs for the enforcement of Fundamental Rights and for any other purpose. The writ jurisdiction of High Court is discretionary and equitable. Writ of mandamus is issued by a court commanding a public authority to perform a public duty belonging to its office. It can be issued only when a legal duty is imposed on the authority and the petitioner has the right to compel the performance of such duty. Writ of mandamus is requested to be issued, inter alia, to compel performance of public duties which may be administrative, ministerial or statutory in nature. A writ of mandamus may be issued in favour of a person who establishes a legal right in himself. It may be issued against a person who has a mandatory legal duty to perform, but has failed or has neglected to do so. Such a legal duty emanates by operation of law. The writ of mandamus is most extensive in regards to its remedial nature. The object of mandamus is to prevent disorder emanating from failure of justice and is required to be granted in all cases where law has established no specific remedy.
A public-spirited citizen filed a writ petition seeking a mandamus to compel the government to make a law to curb the ill-effects of climate change. In the given situation, which of the following statements is true?
Correct Answer :
Writ of mandamus cannot be granted as no legal duty is imposed on the government to pass a law to curb the ill-effects of climate change.
Solution :
The correct answer is: Writ of mandamus cannot be granted as no legal duty is imposed on the government to pass a law to curb the ill-effects of climate change.
Step-by-Step Explanation:
1. Understanding the Nature of a Writ of Mandamus:
As stated in the passage, a writ of mandamus is a judicial command issued to a public authority directing it to perform a mandatory public or statutory duty imposed upon it by law. For a court to issue a writ of mandamus, two foundational conditions must be fulfilled:
(a) The petitioner must establish a clear legal right to compel performance.
(b) The public authority must have a mandatory legal duty imposed by operation of law which it has failed or neglected to perform.
2. Analyzing the Scenario:
In this case, a citizen is petitioning for a mandamus to compel the government to enact/pass a law addressing climate change. Under constitutional principles and public law, the legislature/government has political and policy discretion regarding the enactment of legislation. There is no existing mandatory legal duty under operation of law that legally compels the government to pass a specific statute or legislative act.
3. Conclusion:
Because enacting a law is a discretionary policy matter and not a mandatory legal duty enforceable by law, a writ of mandamus cannot be issued. Therefore, the writ petition cannot be granted due to the absence of an enforceable legal duty on the government to pass such a law.
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