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The Supreme Court has evolved the concept of 'continuing mandamus' to monitor implementation of its directions in public interest cases by keeping the writ petition pending and issuing periodic directions to executive agencies.
- True
- False
Answer: True
Continuing mandamus mechanism: (a) Innovation: Court keeps writ petition pending while issuing periodic directions to executive agencies to ensure compliance with orders in PIL cases, (b) Features: (i) Regular reporting by agencies on progress, (ii) Court reviews implementation, issues further directions, (iii) Enables judicial monitoring without usurping executive function, (iv) Flexibility: Court can modify directions based on ground realities, (c) Applications: (i) MC Mehta cases (environmental compliance: Ganga pollution, vehicular emissions), (ii) Prakash Singh case (police reforms: implementation monitoring), (iii) Vishaka guidelines (workplace harassment: institutional mechanisms), (iv) Prison reforms: Conditions monitoring, (d) Balance: Judicial oversight ensures rights realization; separation of powers respected by not dictating policy details, only ensuring constitutional compliance. Illustrates innovative enforcement: courts sustain engagement to realize constitutional values without overstepping institutional boundaries.