Continuing mandamus

Continuing mandamus, structural interdict, or structural injunction is a relief given by a court of law through a series of ongoing orders over a long period of time, directing an authority to do its duty or fulfill an obligation in general public interest, as and when a need arises over the duration a case lies with the court, with the court choosing not to dispose the case off in finality. This happens in a situation which cannot be remedied instantaneously but requires a solution over a long time, at times going on for years. With this procedural innovation of the writ of mandamus or a mandatory order, the court monitors compliance of its orders, seeking periodic reports from authorities on the progress in implementing them.

It may enlist senior advocates to assist it as amicus curiae in court, or as court commissioners in the field, and subject experts or expert bodies to report back to it on the facts and ground-realities of the case. It may appoint a court committee or a court commission, independent from the executive, as its oversight or monitoring agency. It may require the subject-matter covered by the case, be taught in schools and universities, making it part of textbooks and syllabi, or be given wide publicity through the media. It may use contempt against people in positions of power or authority as a remedy in case of non-compliance or poor implementation of its orders. It may recommend that the legislature frame a policy in the matter, for the future.

India

The doctrine of continuing mandamus, first propounded in a case in the late 1970s, has been discussed and dealt with in the respective cases of Vineet Narain v. Union of India and Bandhua Mukti Morcha v.