Writ of Certiorari in Indian Constitution
🧾 Writ of Certiorari in the Indian Constitution
The Writ of Certiorari is one of the five types of writs mentioned in Article 32 and Article 226 of the Indian Constitution. It is a powerful tool used by higher courts (Supreme Court and High Courts) to ensure judicial control over lower courts or quasi-judicial bodies.
📘 What is Certiorari?
The term "Certiorari" is a Latin word that means "to be informed of" or "to be certified."
It is a judicial order issued by a superior court (like the Supreme Court or High Court) to a lower court or tribunal, asking it to transfer the records of a case so that the legality of the decision can be examined.
📜 Constitutional Basis
Article 32 (2): Supreme Court can issue writs for the enforcement of Fundamental Rights.
Article 226: High Courts can issue writs not only for Fundamental Rights but also for other legal rights.
The writ of Certiorari is included under both provisions and can be issued by:
The Supreme Court (for violation of Fundamental Rights)
The High Courts (for violation of legal or Fundamental Rights)
⚖️ Purpose of Certiorari
To quash (cancel) an order or decision passed by:
A lower court, or
A tribunal, or
An authority exercising judicial or quasi-judicial functions
✅ When Can Certiorari Be Issued?
A writ of Certiorari is issued after the decision has been made (not during proceedings). It is used to:
Quash a decision made without jurisdiction
Correct an error of law apparent on the face of the record
Strike down a decision made in violation of natural justice
❌ When It Cannot Be Issued
Against legislative bodies (e.g., Parliament, State Legislatures)
Against administrative orders unless they are quasi-judicial
Against private individuals or bodies
If alternate remedies are available and not exhausted (except in special cases)
⚖️ Essential Conditions for Certiorari
| Condition | Explanation |
|---|---|
| Judicial or Quasi-judicial Act | The authority must be performing judicial/quasi-judicial functions |
| Excess of Jurisdiction | The authority acted beyond its legal powers |
| Error of Law | There is a clear legal mistake in the order |
| Violation of Natural Justice | E.g., no hearing was given, bias, etc. |
🧑⚖️ Important Case Laws
Rafiq Khan v. State of U.P. (1954)
Held that Certiorari cannot be issued against purely administrative actions.
T.C. Basappa v. T. Nagappa (1954)
Clarified the scope and nature of writs in Indian law and adopted principles from English law.
Hari Vishnu Kamath v. Syed Ahmed Ishaque (1955)
Supreme Court held that Certiorari can be issued for correcting jurisdictional errors and violations of natural justice.
📌 Summary Table
| Aspect | Details |
|---|---|
| Meaning | “To be certified” – higher court orders lower body to submit its record |
| Issued By | Supreme Court (Art. 32), High Courts (Art. 226) |
| Purpose | To quash orders passed without jurisdiction or against natural justice |
| Applicable To | Courts, Tribunals, Quasi-judicial authorities |
| Not Applicable To | Legislative bodies, purely administrative actions, private parties |
| Nature | Corrective and supervisory writ |
🏁 Conclusion
The Writ of Certiorari is a vital judicial tool to ensure that lower courts and authorities act within their legal limits and respect constitutional and legal principles, especially those related to natural justice and jurisdiction. It upholds the rule of law by preventing misuse of judicial or quasi-judicial power.
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