Can I file writ mandamus against NHRC’s unfair decision?
Hi, I want to file a writ petition for mandamus against the decision of the National Human Rights Commission.
Dear Client, Yes. A writ petition for issuing an order of mandamus is filed in instances where a public office or government official has failed to act as they are required to, or has taken a legally prohibited action. Since the NHRC is a statutory body, a writ petition of this nature can be filed under Article 32 or 226 of the Constitution before the Supreme Court or a High Court respectively. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
A Writ of Mandamus ("we command") is issued by courts when a public authority fails to perform a mandatory legal duty, infringing a right, with no adequate alternative remedy. It compels performance, e.g., police registering an FIR. Such writs can be filed in the Supreme Court (Article 32) for fundamental rights violations (national impact) or the High Court (Article 226) for broader legal rights (local/regional issues). The procedure involves drafting with clear facts, legal grounds, and a prayer for relief. Constitutional validity challenges against an Act's sections for fundamental rights violations are exclusively heard by the Supreme Court under Article 32.
You can file a writ petition for mandamus in the High Court if the National Human Rights Commission (NHRC) has failed to act on your complaint properly. This petition asks the court to direct NHRC to perform its legal duty. It’s best to consult a lawyer who handles constitutional or public interest matters. For further legal assistance contact us on our helpline number.
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