Administrative Writs in Nepal: Mandamus, Certiorari, and Prohibition
Exam Snapshot
Administrative writs are the primary instruments under the Supreme Court's jurisdiction to correct administrative inaction or excess. Mandamus compels action, Prohibition prevents future errors, and Certiorari corrects past illegal decisions.
Core Concept
- Mandamus (परमादेश): A judicial command issued to a public official or body to perform a mandatory legal duty they have failed or refused to execute.
- Certiorari (उत्प्रेषण): An order issued to review and quash an illegal order, decision, or proceeding rendered by a lower court or quasi-judicial authority.
- Prohibition (प्रतिषेध): A judicial order issued to stop an inferior court or quasi-judicial body from exceeding its jurisdiction or acting in violation of natural justice before a final decision is reached.
Nepal Law Anchors
- Article 133(2): Grants the Supreme Court the extraordinary power to issue writs including Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.
Confusable Terms
| Writ | Timing | Primary Purpose |
|---|---|---|
| Prohibition | Before/During | Stop proceedings |
| Certiorari | After | Quash decision |
MCQ Traps
- Private Duty vs Public Duty: Mandamus cannot be issued against a private individual for a personal contract; it requires a specific public duty.
- Prohibition vs Certiorari: Remember the timing. If the order is already passed, Prohibition is no longer the correct remedy; you must seek Certiorari to quash the order.
Example
If a government agency refuses to grant a license that a citizen is legally entitled to, the Court issues Mandamus to compel the agency to act. If a Land Revenue Office initiates a case despite lacking territorial jurisdiction, Prohibition stops them from proceeding. If they have already passed a void order in that case, Certiorari is used to quash it.
Memory Hook
- Mandamus: Make them move! (Compel action).
- Prohibition: Put a stop to it! (Preventive).
- Certiorari: Cut it out! (Quash the bad order).
Quick Revision
- Mandamus: Compels performance of public duty.
- Prohibition: Prevents illegal jurisdiction excess.
- Certiorari: Quashes illegal, completed orders.
- All authorized under Article 133(2) of the Constitution.
- These are extraordinary remedies, not routine appeals.