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Continuing mandamus

In one line: Continuing mandamus is a judicial method in which a court keeps a case open and issues a series of directions to make sure the executive performs its duty.

Where it comes from

Mandamus is a writ commanding a public authority to do its legal duty. In the Vineet Narain case (1997), the Supreme Court kept the matter pending and monitored investigations over time instead of passing one final order. The method has since been used in other public interest cases.

In this case

The railway safety matter, taken up in 2019 while the Court decided a compensation appeal, has been kept open and widened from Kavach to fencing, foot over bridges and insurance. Each hearing sets new compliance dates; the next is on 16 November 2026.

The debate

Supporters say it makes rights real when the executive is slow. Critics say it can stretch the separation of powers.

Where to go next

  • Kavach
  • Section 124A of the Railways Act, 1989

Continuing mandamus in the news

Previous-year questions on this

  1. 2023 · GS2 · 15 marks "The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society." Illustrate with special reference to the expanding…
  2. 2018 · GS2 · 10 marks E-governance is not only about utilisation of the power of new technology, but also much about the critical importance of the 'use value' of information. Explain.
  3. 2014 · GS2 · 12.5 marks Starting from inventing the 'basic structure' doctrine, the judiciary has played a highly pro active role in ensuring that India develops into a thriving democracy. In light of the statement…

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