Certiorari – A writ by which orders passed by an inferior court is quashed.
Meaning of Certiorari
Certiorari is a type of writ issued by a higher court (usually the High Court or Supreme Court) to quash or annul the order or decision of a lower court, tribunal, or quasi-judicial authority when it is found to be illegal, unjust, or beyond its jurisdiction.
In simple words, if a lower authority has acted ultra vires (beyond its powers) or violated principles of natural justice, the higher court can nullify its order using certiorari.
It is part of the judicial review process in India under Article 226 (High Court) and Article 32 (Supreme Court) of the Constitution.
Key Features of Certiorari
Issued by Superior Courts: Usually by High Courts under Article 226 or Supreme Court under Article 32.
Against Inferior Courts or Authorities: Applied when a lower court, tribunal, or authority has exceeded its jurisdiction or made an error.
Judicial Review Tool: Helps ensure legality and fairness in decisions.
Prevent Abuse of Power: Protects citizens from arbitrary or unlawful actions of authorities.
Quashing Effect: The order is nullified, meaning it is treated as if it never existed.
Grounds for Issuing Certiorari
A writ of certiorari is generally issued when:
The lower court acted without jurisdiction.
There was excess of jurisdiction.
The court or authority violated principles of natural justice.
The decision was malafide or corrupt.
Illustration
Suppose a subordinate court orders seizure of property without giving the person a chance to be heard. The affected person can approach the High Court, and the High Court may issue a writ of certiorari to quash the order.
Leading Case Law in India
1. R. v. Campbell (1853) 6 EL & BL 330
Principle: Certiorari can be issued if a lower court acts ultra vires, or outside its legal authority.
2. A.K. Gopalan v. State of Madras (1950)
Facts: Though the case dealt with preventive detention, the principle of judicial review under writ jurisdiction was emphasized, including remedies like certiorari against illegal actions by authorities.
3. J.K. Cotton Spinning & Weaving Mills Co. Ltd. v. Union of India (1963)
Principle: The High Court can quash orders of lower authorities that violate statutory provisions or natural justice using certiorari.
Distinction from Other Writs
| Writ | Purpose |
|---|---|
| Certiorari | Quashes orders of inferior courts or authorities. |
| Mandamus | Commands a public authority to perform a duty. |
| Prohibition | Prevents a lower court from acting beyond jurisdiction. |
| Habeas Corpus | Secures release of a person unlawfully detained. |
Key Points to Remember
Certiorari cannot be issued against private individuals, only against judicial or quasi-judicial authorities.
It ensures that lower courts and authorities stay within legal limits.
It is a remedial writ, protecting citizens from arbitrary actions.
RELATED Blog
0 comments