Editing Mandamus (section)

===Parliamentary democracies===
====Australia====
Under the [[Australia]]n legal system, mandamus is available through [[Section 75 of the Constitution of Australia|section 75(v) of the Constitution of Australia]].<ref name="s75">{{Cite Legislation AU|Cth|act|coaca430|Constitution of Australia|75}} Original jurisdiction of High Court.</ref><ref>{{cite AustLII|HCA|57|2000|litigants=Re Refugee Tribunal; Ex parte Aala |parallelcite=(2000) 204 [[Commonwealth Law Reports|CLR]] 82 |courtname=auto}}.</ref>

====England and Wales====
In England and Wales, mandamus was originally known as a '''writ of mandamus'''. Historically, direct orders from the [[monarch]] to subjects commanding the performance of particular acts were common, and to this class of orders mandamus originally belonged. It became customary for the [[Court of King's Bench (England)|Court of King's Bench]], in cases where a legal duty was established but no sufficient means existed for enforcing it, to order performance by this writ.<ref name="EB1911">{{EB1911|inline=y|wstitle=Mandamus, Writ of|volume=17|page=558}} This source reports further details of the mandamus procedure as it stood at the time.</ref> Mandamus more recently became known as an '''order of mandamus'''. This procedure was renamed by the Civil Procedure (Modification of [[Supreme Court Act 1981]]) Order 2004 to become a '''mandatory order'''.<ref>[https://www.legislation.gov.uk/uksi/2004/1033/article/3/made The Civil Procedure (Modification of Supreme Court Act 1981) Order 2004 (SI 2004/1033), article 3.]</ref>

====India====
In India, the ''[[sine qua non]]'' for mandamus is the existence of a statutory public duty incumbent upon the person or body against whom the mandamus is sought. There must equally co-exist a corresponding right in the petitioner entitling him to claim the enforcement of such public duty. These two preconditions form the foundation for the issue of mandamus. The primary scope and function of mandamus is to "command" and "execute" rather than to "enquire" and "adjudicate". It cannot be issued to change the decision of a body so as to suit the petitioner. Obligations which are not of a statutory nature cannot be enforced by mandamus.<ref>''R. P. Kapoor v. Delhi Development Authority''.{{full citation needed|date=March 2018}}</ref> The writ petition is not maintainable when a remedy provided for under the [[Code of Civil Procedure]] is available. For example, the High Court cannot entertain writ petitions for mandamus to the Government who fails to deposit and pay in the requisite time an enhanced compensation account as ordered by a lower Court. The petitioners in this case would be directed to approach the executing Court for appropriate relief.<ref>''Government of AP v. Puniparthi Narayana Rajiu'', 2002 Andhr. LT. 113 at pp. 113–114.</ref>

Only the Supreme Court and High Courts are empowered to exercise writ jurisdiction, under Articles 32 and 226 of the Constitution. No other courts are empowered to issue the writ.