Certiorari
When compared to other Writs, certiorari is a unique kind of Writ. This Writ is of a remedial type, which implies that it seeks to fix an error that is plainly visible in the records. A Writ of Certiorari is one that a superior court issues to a lower court. This may be issued if the superior court feels that the inferior court has exercised its jurisdiction excessively or if the higher court desires to decide the issue in the case itself. This Writ may also be issued where the subordinate courtβs procedure was fundamentally flawed or when the natural justice standards were broken.
If the superior court finds out that there has been a violation of natural justice or a fundamental error on the procedure adopted, it can quash the order of that inferior court.

Illustration: There is a case in the District Court and the court has no jurisdiction to decide such cases. Still, the District Court Judge tries the case and gives his decision and an application is made by A (the aggrieved party by such decision) to the High Court. Hereby the power of issuing Writs, the High Court will issue a Writ of Certiorari on the order of the District Court, as
a result, the order of the District Court will be quashed.
Grounds for Certiorari
The Writ of Certiorari can be issued on the following grounds:.
1. On the grounds of jurisdiction, a Writ can be issued by the superior court. Whenever an inferior oversteps its jurisdiction or abuses the jurisdiction provided to it or when there is an absence of jurisdiction of the inferior court, the Writ will be issued to quash the order made by the inferior court.
2. The violation of principles of natural justice is another ground on which the Writ of Certiorari can be issued by the court. The principles of natural justice form an important part of the Indian Constitution as these principles have been recognized by the
Constitution such as the principle of Audi alterum partem which means hearing of both the sides is an essential part of the Indian Constitution.
3. When there is an error apparent on the record, it becomes a valid ground for issuing the Writ of Certiorari. This Writ can be issued when the error is based on a clear disregard to the provisions of law and not merely because the judgement was wrong.
Important Conditions for Certiorari For the Writ of Certiorari the following conditions should be fulfilled:
The body or person has legal authority.Such authority is related to determining those questions which affect the rights of the people.
Such a body or person has a duty to act judicially in doing its functions.
Such a person or body has acted in excess of their jurisdiction or legal authority.
When all these conditions are fulfilled, only then a Writ of Certiorari can be issued against the body or person who has acted in excess of their jurisdiction.
In the cases related to the Writ of Certiorari, the person who is aggrieved by the wrongful exercise of jurisdiction by the court should bring the petition before the superior court. In this regard, this Writ is different from the Writ of Habeas Corpus as Habeas Corpus can be applied for even by a non-aggrieved person and the courts will accept such an application.
The proceeding in case of Certiorari is an original proceeding before the superior court which can be initiated by a petitioner before he High Court under Article 226 and before the Supreme Court under Article 32 of the Indian Constitution.
Significant characteristics of writ of certiorari
Writs of certiorari are used by higher courts to overturn decisions made by lesser or lower courts that did not uphold the constitution where there has been a violation of the fundamental concept of natural justice. It is important to enforce the law or grant a writ of certiorari while a record error has been found. The power to petition for a writ of certiorari is seen as a corrective remedy under the Indian Constitution and is crucial in defending individual rights. There are specific grounds on which higher courts will grant lower courts a writ of certiorari. A writ of certiorari is used for a variety of reasons, including violations of natural justice, fraud, record-keeping errors, and overreaching of a courtβs authority.
Against whom this Writ lies?
The Writ of Certiorari lies against those bodies which are judicial or quasi-judicial in nature. Thus, when anybody or a person is performing a judicial act, their acts can be subjected to the Writ of Certiorari.
It also means that the scope of the application of this Writ is limited to only the judicial bodies or the bodies which perform judicial functions and it will not extend to the Central, State or Local Governments because their functions are administrative in nature and not judicial.
Conclusion:
The writ of certiorari serve a crucial part in ensuring that people receive justice, according to the studyβs conclusion. In order to ensure that individuals receive justice, the Supreme Court and High Court of India issue writs of certiorari against subordinate or lower courts. Writ of certiorari is covered under Article 32 together with Article 226 and is crucial in correcting constitutional records. Writ of certiorari, which means βto be informedβ or βto be certified,β is essentially a prerogative writ.
0 Comments