Writ of certiorari in administrative law
📜 Writ of Certiorari
Certiorari is a Latin term meaning "to be informed of" or "to be made certain in regard to." In administrative law, the writ of certiorari is a judicial order issued by a superior court to a lower court, tribunal, or administrative authority to send the record of a case for review. Its purpose is to quash or annul an order, decision, or proceeding that is illegal, arbitrary, or outside the jurisdiction of the authority that made it.
Purpose of Writ of Certiorari:
To correct errors of jurisdiction.
To quash orders or decisions that are ultra vires (beyond the powers granted by law).
To stop illegality, abuse of discretion, or failure to comply with principles of natural justice.
To ensure that subordinate authorities do not act beyond their authority.
When is it issued?
When the administrative authority or tribunal acts without jurisdiction or exceeds its jurisdiction.
When there is violation of natural justice.
When decisions are arbitrary, unreasonable, or illegal.
When the authority has failed to comply with statutory or constitutional provisions.
📚 Important Case Laws on Writ of Certiorari
1. Rajasthan State Electricity Board v. Mohan Lal (1967) 1 SCR 133
Facts:
The Rajasthan State Electricity Board issued an order terminating the service of Mohan Lal without proper inquiry or hearing.
Issue:
Whether the Board’s order could be quashed through certiorari due to violation of natural justice.
Held:
The Supreme Court held that the writ of certiorari is available to quash any order or decision which is without jurisdiction or violates principles of natural justice. Since the Board acted without giving a fair hearing, the order was quashed.
Significance:
This case confirmed that certiorari is an effective remedy against administrative orders passed without due process or beyond jurisdiction.
2. A.K. Kraipak v. Union of India (1969) 2 SCR 262
Facts:
Appointments to the Forest Service were made by a selection committee which was alleged to have acted without proper application of mind and violated natural justice.
Issue:
Whether the Court could interfere using certiorari on grounds of abuse of discretion and violation of natural justice.
Held:
The Supreme Court held that even administrative actions involving discretion must be free from arbitrariness and comply with natural justice. Certiorari can be issued if discretion is exercised unfairly or illegally.
Significance:
The case expanded the scope of certiorari, reinforcing that judicial review is available against discretionary decisions tainted by illegality or unfairness.
3. State of Orissa v. Ram Chandra Ghanashyama Mohapatra (1962) 1 SCR 471
Facts:
An administrative authority passed an order outside its jurisdiction.
Issue:
Can such an order be quashed by certiorari?
Held:
The Supreme Court held that certiorari lies to quash orders that are made without jurisdiction or are ultra vires. The power to review such decisions is fundamental to prevent misuse of authority.
Significance:
This case reinforced that certiorari is a powerful tool against excess or abuse of administrative powers.
4. S.P. Gupta v. Union of India (1981) Supp SCC 87 (The Judges' Transfer Case)
Facts:
The transfer and appointment of judges were challenged on the ground of illegality and arbitrariness.
Issue:
Whether the Court can issue certiorari to review such executive actions.
Held:
The Supreme Court held that the writ of certiorari is available to quash executive actions that are illegal or arbitrary, even in matters involving high authorities.
Significance:
This case emphasized that no authority is above the law, and judicial review by certiorari is available to ensure legality and fairness even in high-profile executive decisions.
5. G.P. Singh’s Case (AIR 1969 SC 1281)
Facts:
A writ of certiorari was sought against a quasi-judicial authority's order which was alleged to be mala fide and without jurisdiction.
Issue:
Whether certiorari can be issued to quash orders based on mala fide or lack of jurisdiction.
Held:
The Supreme Court held that certiorari is a remedy against illegal or mala fide acts by administrative or quasi-judicial authorities. It safeguards against arbitrariness and protects fundamental rights.
Significance:
This case is often cited as an authority that certiorari is not discretionary but a right where jurisdictional errors or malafides are present.
🔹 Summary Table of Writ of Certiorari Cases
| Case | Principle Established |
|---|---|
| Rajasthan State Electricity Board v. Mohan Lal | Certiorari for violation of natural justice |
| A.K. Kraipak v. Union of India | Certiorari for abuse of discretion and unfairness |
| State of Orissa v. Mohapatra | Certiorari against orders beyond jurisdiction |
| S.P. Gupta v. Union of India | Certiorari against illegal/arbitrary executive action |
| G.P. Singh’s Case | Certiorari against mala fide or jurisdictional error |
🔚 Conclusion
The writ of certiorari is an essential tool in administrative law for curbing illegal, arbitrary, or unfair administrative actions. It ensures that administrative authorities do not overstep their powers and comply with natural justice. The above cases demonstrate how courts protect citizens by reviewing and quashing unlawful orders.
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