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3) What do you understand by the writ of continuing mandamus. Discuss its importance in environmental protection measures in India.(250 words)

Topic–  Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

3) What do you understand by the writ of continuing mandamus. Discuss its importance in environmental protection measures in India.(250 words)

Reference

Why this question

Environment has assumed a more pivotal role in the history of mankind. In the wake of environmental degradation, pollution the courts have actively intervened in many cases working through the principle of continuing mandamus.

Directive word

Discuss- this is an all-encompassing directive which mandates us to write in detail about the key demand of the question. we also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.

Key demand of the question.

The question wants us to describe the meaning of continuing mandamus. It then wants us to bring out its relevance and importance in environmental protection on account of the invocation of the principle by the SC in various environment related cases.

Structure of the answer

Introduction- write a few lines about the meaning of the writ powers of the SC and HCs. E.g Article 32 of the Constitution gives the Supreme Court the power to issue directions, orders or

writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari,whichever may be appropriate, for the enforcement of the rights conferred by part III. At the same time the High Court may issue the same writs under Article 226 of the Constitution.

Body-

  1. Discuss the meaning of the writ of continuing mandamus. E.g A mandamus is a writ that can be issued by the Supreme Court which can literally be construed as “we command”. It is a command issued by a court commanding a public authority to perform a public duty belonging to its office. It is generally issued to various authorities such as to a person; a corporation or an inferior tribunal requiring him or them to do a particular thing which pertains to his or their office in the nature of a public duty, subject to certain restrictions; the proper function of the writ of mandamus is to compel the doing of a specific act and is not an appropriate remedy for the enforcement of duties generally, or to control and regulate a general course of official conduct for a long series of continuous acts to be performed under varying conditions. This is because it would render the court a supervising and managerial body as regards the action to which the writ pertains as it would entail keeping the case open for an indefinite time to supervise the continuous performance of duties by the respondent etc.
  2. Discuss its importance vis a vis environmental PILs. e.g mention the Bandhua Mukti Morcha case; Indian Council for Enviro-Legal Action case; T.N. Godavarman v. Union of India etc.

Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.

CategoriesINSIGHTS