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72-596: Proposition 1 was a referendum held on November 3, 2015 , on the anti-discrimination ordinance known as the Houston Equal Rights Ordinance ( HERO ). The ordinance was intended to improve anti-discrimination coverage based on sexual orientation and gender identity in Houston, specifically in areas such as housing and occupation where no anti-discrimination policy existed. Proposition 1 asked voters whether they approved HERO. Houston voters rejected Proposal 1 by

144-537: A preferendum when the choices given allow the voters to weight their support for a policy. In Switzerland , for example, multiple choice referendums are common. Two multiple choice referendums were held in Sweden , in 1957 and in 1980, in which voters were offered three options. In 1977, a referendum held in Australia to determine a new national anthem was held, in which voters had four choices. In 1992, New Zealand held

216-523: A modern state in 1848 . Italy ranks second with 78 national referendums : 72 popular referendums (51 of which were proposed by the Radical Party ), 4 constitutional referendums, one institutional referendum and one advisory referendum . A referendum usually offers the electorate a straight choice between accepting or rejecting a proposal. However some referendums give voters multiple choices, and some use transferable voting. This has also been called

288-432: A 'referendum' is often said to be a vote to change the federal constitution and 'plebiscite' a vote which does not affect the federal constitution. However, this is erroneous as not all federal referendums have been on constitutional matters (such as the 1916 Australian conscription referendum ), and state votes that likewise do not affect either the federal or state constitution are frequently said to be referendums (such as

360-612: A 61%–39% margin to reject Proposition 1. This vote overturned the Houston Equal Rights Ordinance (HERO). The appeal of Judge Schaffer's ruling is currently on hold in the Fourteenth Court of Appeals , with further litigation still possible. On November 24, 2015, Jared Woodfill, the lead plaintiff who sued the city, asked the case to be dismissed as moot . On December 15, 2015, the Court of Appeals announced it would consider

432-523: A Latin gerund, referendum has no plural). The Latin plural gerundive 'referenda', meaning 'things to be referred', necessarily connotes a plurality of issues. It is closely related to agenda , "those matters which must be driven forward", from ago , to impel or drive forwards; and memorandum , "that matter which must be remembered", from memoro , to call to mind, corrigenda , from rego , to rule, make straight, those things which must be made straight (corrected), etc. The term 'plebiscite' has

504-495: A Latin word and attempting to apply to it the rules of Latin grammar) is unsupportable according to the rules of both Latin and English grammar. The use of "referenda" as a plural form is posited hypothetically as either a gerund or a gerundive by the Oxford English Dictionary , which rules out such usage in both cases as follows: Referendums is logically preferable as a plural form meaning 'ballots on one issue' (as

576-411: A five-option referendum on their electoral system. In 1982, Guam had a referendum that used six options, with an additional blank option for those wishing to (campaign and) vote for their own seventh option. A multiple choice referendum poses the question of how the result is to be determined. They may be set up so that if no single option receives the support of an absolute majority (more than half) of

648-572: A generally similar meaning in modern usage and comes from the Latin plebiscita , which originally meant a decree of the Concilium Plebis (Plebeian Council), the popular assembly of the Roman Republic . Today, a referendum can also often be referred to as a plebiscite, but in some countries the two terms are used differently to refer to votes with differing types of legal consequences. In Australia,

720-399: A legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities: It must be a duty of public nature and the duty must be imperative and should not be discretionary . Furthermore, mandamus will typically not be granted if adequate relief can be obtained by some other means, such as appeal. The purpose of mandamus

792-402: A mandamus petition not only brings the strife of optically making the officer or judge the defendant, but also in theory requires the official / judge to respond "within ten days" "with supporting affidavits". Rule 22(c) provides that "any party" may respond to the petition for writ. The North Carolina Court of Appeals has interpreted this to mean that where, for instance, one litigant demands that

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864-448: A matter for the discretion of the court, the exercise of which is governed by well-settled principles. Mandamus being a discretionary remedy, the application for it must be made in good faith and not for indirect purposes. Acquiescence cannot, however, bar the issue of mandamus. The petitioner must satisfy the Court that they have the legal right to the performance of the legal duty as distinct from mere discretion of authority. A mandamus

936-409: A motivated minority of voters. Referendums may require a turnout threshold (also called a participation quorum) in order for the referendum to be considered legally valid. In a participation quorum a majority of those voting must approve of the referendum, and a certain percentage of population must have voted in order for the results to be approved. The usage of participation quorums in referendums

1008-513: A particular action, and it is supplemented by legal rights . In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when they are denied a legal right by someone who has a legal duty to do something and abstains from doing it. The party requesting a writ of mandamus to be enforced should be able to show that they have

1080-409: A referendum are more likely to be driven by transient whims than by careful deliberation, or that they are not sufficiently informed to make decisions on complicated or technical issues. Also, voters might be swayed by propaganda , strong personalities, intimidation, and expensive advertising campaigns. James Madison argued that direct democracy is the " tyranny of the majority ". Some opposition to

1152-473: A referendum. Therefore avoid referendums. Therefore don't raise questions which require them, such as the big versus the little states. Some critics of the referendum attack the use of closed questions. A difficulty called the separability problem can plague a referendum on two or more issues. If one issue is in fact, or in perception, related to another on the ballot, the imposed simultaneous voting of first preference on each issue can result in an outcome which

1224-524: A separate vote on each of the multiple options as well as an additional decision about which of the multiple options should be preferred. In the Swedish case, in both referendums the 'winning' option was chosen by the Single Member Plurality ("first past the post") system. In other words, the winning option was deemed to be that supported by a plurality , rather than an absolute majority, of voters. In

1296-401: A successful veto referendum petition, which would require the city council to either rescind the targeted ordinance themselves or put it before voters. This requirement was calculated by taking 10 percent of the greatest number of votes cast for mayor in any of the three preceding years. Moreover, signatures had to be submitted before the ordinance was scheduled to take effect or within 30 days of

1368-409: A tolerant, welcoming, global city. I absolutely fear that there will be a direct economic backlash as a result of this ordinance going into defeat and that's sad for Houston." Sylvester Turner , who ran against Bill King in the 2015 Houston mayoral runoff election , said he is "100 percent" committed to reenacting Houston Equal Rights Ordinance (HERO) and attacked Bill King for saying he won't revisit

1440-465: A vote of 61% to 39%. In 2014, neither U.S. federal law nor Texas statewide law specifically covered sexual orientation or gender identity in employment and housing discrimination and services. On May 28, 2014, the Houston City Council voted 11–6 to enact the Houston Equal Rights Ordinance (HERO) which was authored by Houston's then-Mayor, Annise Parker . The measure banned discrimination on

1512-522: A writ of mandamus directly from the Supreme Court to halt the National Security Agency 's bulk phone record collection program. The Supreme Court denied the petition. In some state court systems , mandamus has evolved into a general procedure for discretionary appeals from non-final trial court decisions, or a procedure of obtaining review of decisions by administrative agencies. In many of

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1584-415: A writ of mandamus is the only available route. In McKyer, the lawyer who was unable to persuade the trial court judge to enter an order for about a year, tried to remedy the problem by asking the trial court judge to hold another hearing. Disapproving of the attempted resolution via a new hearing, the Court of Appeals, citing the Supreme Court case In re T.H.T. , explained that a party seeking recourse where

1656-454: Is "fit for" doing. Its use as a noun in English is not considered a strictly grammatical usage of a foreign word but is rather a newly coined English noun, which follows English grammatical usage, not Latin grammatical usage. This determines the form of the plural in English, which according to English grammar should be "referendums". The use of "referenda" as a plural form in English (treating it as

1728-465: Is a direct vote by the electorate (rather than their representatives ) on a proposal, law, or political issue. A referendum may be either binding (resulting in the adoption of a new policy ) or advisory (functioning like a large-scale opinion poll ). 'Referendum' is the gerundive form of the Latin verb referre , literally "to carry back" (from the verb ferre , "to bear, bring, carry" plus

1800-508: Is a class of referendum required to be voted on if certain conditions are met or for certain government actions to be taken. They do not require any signatures from the public. In areas that use referendums a mandatory referendum is commonly used as a legally required step for ratification for constitutional changes, ratifying international treaties and joining international organizations, and certain types of public spending. Typical types of mandatory referendums include: An optional referendum

1872-408: Is a class of referendums that is put to the vote as a result of a demand. This may come from the executive branch, legislative branch, or a request from the people (often after meeting a signature requirement). Types of optional referendums include: From a political-philosophical perspective, referendums are an expression of direct democracy , but today, most referendums need to be understood within

1944-463: Is argued as the reason why, since World War II , there has been no provision in Germany for the holding of referendums at the federal level. In recent years, referendums have been used strategically by several European governments trying to pursue political and electoral goals. In 1995, John Bruton considered that All governments are unpopular. Given the chance, people would vote against them in

2016-542: 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. Only the Supreme Court and High Courts are empowered to exercise writ jurisdiction, under Articles 32 and 226 of

2088-463: Is controversial, as higher requirements have been shown to reduced turnout and voter participation. With high participation quorums, the opposition of a referendum has an interest in abstaining from the vote instead of participating, in order to invalidate the referendum results through low turnout. This is a form of the no-show paradox . All others who are not voting for other reasons, including those with no opinion, are effectively also voting against

2160-648: Is displeasing to most. Several commentators have noted that the use of citizens' initiatives to amend constitutions has so tied the government to a jumble of popular demands as to render the government unworkable. A 2009 article in The Economist argued that this had restricted the ability of the California state government to tax the people and pass the budget, and called for an entirely new Californian constitution. A similar problem also arises when elected governments accumulate excessive debts. That can severely reduce

2232-404: Is exercised very sparingly. It is exercised with somewhat greater frequency, although still sparingly, in the context of discovery disputes involving privileged materials , since a district court order erroneously forcing the disclosure of privileged material may never be remediable through a later appeal. In the case In Re Electronic Privacy Information Center (2013), privacy advocates sought

2015 Houston, Texas Proposition 1 - Misplaced Pages Continue

2304-560: Is normally issued when an officer or an authority by compulsion of statute is required to perform a duty and that duty, despite a demand in writing, has not been performed. In no other case will a writ of mandamus issue unless it be to quash an illegal order . There are three kinds of mandamus: Under the Australian legal system, mandamus is available through section 75(v) of the Constitution of Australia . In England and Wales, mandamus

2376-426: Is to remedy defects of justice. It lies in the cases where there is a specific right but no specific legal remedy for enforcing that right. Generally, it is not available in anticipation of any injury except when the petitioner is likely to be affected by an official act in contravention of a statutory duty or where an illegal or unconstitutional order is made. The grant of mandamus is therefore an equitable remedy , and

2448-601: Is used in California for interlocutory appeals . In this context, the party seeking the writ is treated on appeal like a plaintiff, the trial court becomes the defendant, and the opponent is designated as the "real party in interest". In North Carolina state courts , mandamus is authorized as one of the Extraordinary Writs, under Rule 22 of the North Carolina Rules of Appellate Procedure Archived 2013-10-19 at

2520-416: The 2009 Western Australian daylight saving referendum ). Historically, they are used by Australians interchangeably and a plebiscite was considered another name for a referendum. In Ireland, 'plebiscite' referred to the vote to adopt its constitution, but a subsequent vote to amend the constitution is called a 'referendum', as is a poll of the electorate on a non-constitutional bill. The name and use of

2592-588: The United States federal government , for abuse of discretion, is authorized by the U.S. Administrative Procedure Act . The authority of the United States district courts (trial courts) to issue mandamus has been expressly abrogated by Rule 81(b) of the Federal Rules of Civil Procedure , but relief in the nature of mandamus can be had by other remedies provided for in the Rules, where provided by statute, or by use of

2664-475: The Wayback Machine . The writ of mandamus may be issued in instances where, for instance, the lower court fails to timely issue a written order after rendition (thus precluding both the possibility of an appeal or enforcement of the rendition and leaving the litigants in limbo). The North Carolina Court of Appeals has spoken on the possible course of action in such situations, and confirmed that petitioning for

2736-524: The 'referendum' is thought to have originated in the Swiss canton of Graubünden as early as the 16th century. After a reduction in the number of referendums in the Mid-twentieth century, the referendum as a political tool has been increasing in popularity since the 1970s. This increase has been attributed to dealignment of the public with political parties, as specific policy issues became more important to

2808-564: The 1977 Australian referendum, the winner was chosen by the system of preferential instant-runoff voting (IRV). Polls in Newfoundland (1949) and Guam (1982), for example, were counted under a form of the two-round system , and an unusual form of TRS was used in the 1992 New Zealand poll. Although California has not held multiple-choice referendums in the Swiss or Swedish sense (in which only one of several counter-propositions can be victorious, and

2880-453: The Constitution. No other courts are empowered to issue the writ. In the administrative law context in the United States , the requirement that mandamus can be used only to compel a ministerial act has largely been abandoned. By statute or by judicial expansion of the writ of mandamus in most of the U.S. states , acts of administrative agencies are now subject to judicial review for abuse of discretion . Judicial review of agencies of

2952-474: The NFL announced it would not alter plans to have the city host Super Bowl LI . Website Outsports claimed that the outcome of the vote could mean that "Houston is no longer a 'safe place' for LGBT people to visit or do business, as they can be turned away from a hotel or by a waiter or cab driver, simply for 'looking or acting' gay or being trans". Referendum A referendum , plebiscite , or ballot measure

2015 Houston, Texas Proposition 1 - Misplaced Pages Continue

3024-431: The basis of sexual orientation, gender identity, sex, race, color, ethnicity, national origin, age, religion, disability, pregnancy, genetic information, family, marital, and military status. The ordinance applied to businesses that serve the public, private employers, housing, city employment and city contracting. Religious institutions would be exempt. Violators could be fined up to $ 5,000. Opposition to HERO arose because

3096-404: The city's attorneys on October 29, 2014, to withdraw the subpoenas. After the subpoenas were withdrawn, local city pastors filed a civil rights lawsuit against Parker. The lawsuit went to trial on January 19, 2015. Feldman announced on December 19, 2014, his plans to resign from his position as Houston City Attorney shortly before the trial began. He said that the primary reason for his resignation

3168-420: The city's legal department from serving as counsel for the city. On February 13, 2015, a jury issued a verdict saying that while the petitions did not contain instances of fraud, they did contain forgeries and instances of failure to follow proper procedure. District Judge Robert Schaffer then initiated a recounting process to determine whether or not opponents of HERO had gathered enough valid signatures to satisfy

3240-479: The context of representative democracy . They tend to be used quite selectively, covering issues such as changes in voting systems, where currently elected officials may not have the legitimacy or inclination to implement such changes. Since the end of the 18th century, hundreds of national referendums have been organised in the world; almost 600 national votes have been held in Switzerland since its inauguration as

3312-585: The court granted this petition and ruled that the Houston City Council should have honored the city secretary's initial signature count and must either repeal the ordinance or include it on the November 2015 ballot, writing in a per curiam opinion, "We agree ... that the city secretary certified their petition and thereby invoked the city council's ministerial duty to reconsider and repeal the ordinance or submit it to popular vote. The legislative power reserved to

3384-406: The district courts' equitable powers. In the context of mandamus from a United States court of appeals to a district court, the Supreme Court has ruled that the appellate courts have discretion to issue mandamus to control an abuse of discretion by the lower court in unusual circumstances, where there is a compelling reason not to wait for an appeal from a final judgment . This discretion

3456-519: The effective margin for later governments. Both these problems can be moderated by a combination of other measures as Referendums occur occasionally rather than periodically as elections are and they don’t offer the same kind of formal opposition. Because referendums affect for a longer term than legislative deliberation, a turnout and supermajority requirement is necessary to maintain principles of majoritarianism. In republic polities, referendums could be used to bypass legislatures and representatives by

3528-452: The executive body. Zurcher argues that the use of the Nazi referendums was ending turnout requirements to advance intrinsic advantages in an otherwise slower and more demanding manner to constitutional and policy changes. https://ballotpedia.org/List_of_ballot_measures_by_year From 1777 inclusively Writ of mandamus Mandamus may be a command to do an administrative action or not to take

3600-467: 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. The writ petition is not maintainable when a remedy provided for under the Code of Civil Procedure

3672-484: The inseparable prefix re- , here meaning "back" ). As a gerundive is an adjective , not a noun , it cannot be used alone in Latin, and must be contained within a context attached to a noun such as Propositum quod referendum est populo , "A proposal which must be carried back to the people". The addition of the verb sum (3rd person singular, est ) to a gerundive, denotes the idea of necessity or compulsion, that which "must" be done, rather than that which

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3744-597: The issue of HERO, along with his support from the Campaign for Houston . On December 12, 2015, Sylvester Turner beat Bill King and won the 2015 Houston mayoral runoff election. On November 22, 2015, the National Collegiate Athletic Association said it would reconsider procedures in how it selects host cities for tournaments and championship events to include protections for the LGBT community . In reaction,

3816-559: The judge enter a previously rendered order, the other litigant in the same case is free to respond instead of (or in addition to) the judge that presides over both of the litigants. In Virginia, the Supreme Court has original jurisdiction under the state constitution for mandamus involving the Virginia courts. Elsewhere, including the Courts of New York , have replaced mandamus (as well as

3888-682: The losing proposals are wholly null and void), it does have so many yes-or-no referendums at each election day that conflicts arise. The State's constitution provides a method for resolving conflicts when two or more inconsistent propositions are passed on the same day. This is a de facto form of approval voting —i.e. the proposition with the most "yes" votes prevails over the others to the extent of any conflict. Other voting systems that could be used in multiple-choice referendum are Condorcet method and quadratic voting (including quadratic funding ). Quorums are typically introduced to prevent referendum results from being skewed by low turnout or decided by

3960-529: The motion to dismiss alongside the merits of the case. On January 12, 2016, the Court ordered Jared Woodfill to file a brief on the merits by February 8, or the appeal would be dismissed, allowing Schaffer's ruling to stand. A "YES" vote was a vote to retain the Houston Equal Rights Ordinance; a "NO" vote was a vote to repeal it. Proposition 1 gained the support of various citizens and organizations. The "YES" side raised $ 1,918,552 (as of December 4, 2015). Individual endorsements Organizations Proposition 1

4032-460: The ordinance protected "transgender residents' ability to use the restroom consistent with their gender expression, regardless of their biological sex." HERO became known to some as the "Bathroom Law." Shortly after the ordinance passed, opponents of HERO drafted a petition and began gathering signatures to add a ballot measure to the November 2014 ballot to repeal the ordinance. City law required 17,296 valid signatures from registered Houston voters for

4104-459: The pastors called the subpoenas retaliation against Christians for opposing the ordinance. Parker maintained that the attorneys who dealt with the lawsuit for the city were outside lawyers (i.e., not city employees) and that she and City Attorney David Feldman had been unaware of the subpoenas. After what some news organizations called a "firestorm" of criticism over the subpoenas (Parker said that she had been "vilified coast to coast"), Parker directed

4176-929: The people of Houston is not being honored." The original ballot language crafted by the City of Houston was also challenged in court. After the Texas Supreme Court threw out the original wording, the city revised the ballot language. The following question was placed on the 2015 general election ballot in Houston as Proposition 1: Are you in favor of the Houston Equal Rights Ordinance, Ord. No. 2014-530, which prohibits discrimination in city employment and city services, city contracts, public accommodations, private employment, and housing based on an individual's sex, race, color, ethnicity, national origin, age, familial status, marital status, military status, religion, disability, sexual orientation, genetic information, gender identity, or pregnancy? On November 3, 2015, Houston voters voted by

4248-458: The public than party identifiers. The term "referendum" covers a variety of different meanings, and the terminology is different depending on the us that holds them. A referendum can be binding or advisory. In some countries, different names are used for these two types of referendum. Referendums can be further classified by who initiates them. David Altman proposes four dimensions that referendums can be classified by: A mandatory referendum

4320-498: The publication of the approved ordinance, whichever came first. Opponents of HERO presented about 50,000 signatures to the Houston city secretary's office on July 3, 2014. Although the city secretary found enough valid signatures to make the petition sufficient, the city attorney advised her of certain problems with enough of the petition sheets to invalidate the petition. These problems included signature gatherers who were not registered to vote and petition sheets that were not signed by

4392-522: The referendum has arisen from its use by dictators such as Adolf Hitler and Benito Mussolini who, it is argued, used the plebiscite to disguise oppressive policies as populism . Dictators may also make use of referendums as well as show elections to further legitimize their authority such as António de Oliveira Salazar in 1933 ; Benito Mussolini in 1934 ; Adolf Hitler in 1934 , 1936 ; Francisco Franco in 1947 ; Park Chung Hee in 1972 ; and Ferdinand Marcos in 1973 . Hitler's use of plebiscites

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4464-853: The referendum to take place. In one such challenge, in 2017, the Spanish Constitutional Court suspended the Catalonia 's independence referendum . In post-referendum disputes, they challenge the result. British courts dismissed post-referendum challenges of the Brexit referendum. International tribunals have traditionally not interfered with referendum disputes. In 2021, the European Court of Human Rights extended its jurisdiction to referendums in its judgment Toplak and Mrak v. Slovenia , initiated by two disabled voters over polling place access . In Political Governance states that voters in

4536-499: The referendum. In the 2005 Italian fertility laws referendum , opposition to the proposed loosening of laws on research on embryos and on allowing in-vitro fertilization , campaigned for people to abstain from voting to drive down turnout. Although a majority of people voted yes for the changes in the law, the results were invalid because participation was low. Important referendums are frequently challenged in courts. In pre-referendum disputes, plaintiffs have often tried to prevent

4608-415: The signature gatherer responsible for them, as well as other, more technical problems. The city announced that the opponents were 2,022 signatures short of the 17,269 needed to put the matter to a vote. HERO opponents filed a lawsuit against Mayor Annise Parker and the city on August 5, 2014. In response, city attorneys defending the law filed subpoenas for sermons from local Christian pastors. Attorneys for

4680-470: The states that have adopted the Field Code , the writ is now called mandate instead of mandamus . These states are Idaho , Montana , Nevada , Utah , Washington , and California , as well as the unincorporated U.S. territory of Guam . In the state of California, the writ may be issued by any level of the state court system to any lower court or to any government official. The writ of mandate

4752-473: The threshold of 17,296. Following the verdict in February, both sides claimed victory. A definitive answer, however, did not emerge until Judge Schaffer's ruling on April 17, 2015, when he determined that the opponents of the ordinance had not gathered enough valid signatures. In May 2015, opponents of the ordinance asked the Texas Supreme Court for a writ of mandamus against the city of Houston. On July 24, 2015,

4824-427: The trial court has not entered its orders timely should petition for writ of mandamus. Similarly, the writ may issue where the trial court fails or refuses to timely dispose with the litigants' business (for instance, if the judge refuses to hear a case). In North Carolina, as elsewhere, the writ is an action against the official, meaning that the petition must be styled "In re Public Figure X" or "In re Judge Y". Thus,

4896-657: The votes, resort can be made to the two-round system or instant-runoff voting , which is also called IRV and PV. In 2018 the Irish Citizens' Assembly considered the conduct of future referendums in Ireland , with 76 of the members in favour of allowing more than two options, and 52% favouring preferential voting in such cases. Other people regard a non-majoritarian methodology like the Modified Borda Count (MBC) as more inclusive and more accurate. Swiss referendums offer

4968-475: Was a desire to return to private practice. He also noted, however, that his decision to resign was related to the lawsuit as well, saying, "Being on the outside, I'm going to be a lot freer to tell the story and to explain it to people and to debunk the myth." As reported by the Houston Chronicle , Feldman noted, too, that if he testified in the trial as the city attorney, it would prohibit other attorneys from

5040-659: Was opposed by various citizens and organizations. These included the Campaign for Houston, which was described as an anti-LGBT hate group by the Southern Poverty Law Center . The "NO" side raised $ 398,472 (as of December 4, 2015). Individuals opposed Organizations On November 10, President Barack Obama officially announced his support for the Equality Act of 2015. Houston Mayor Annise Parker stated: "I fear that this will have stained Houston's reputation as

5112-529: 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 , in cases where a legal duty was established but no sufficient means existed for enforcing it, to order performance by this writ. Mandamus more recently became known as an order of mandamus . This procedure

5184-496: Was renamed by the Civil Procedure (Modification of Supreme Court Act 1981 ) Order 2004 to become a mandatory order . 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

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