Certiorari means “to be certified”. The higher court issues a writ of certiorari to a lesser court to overturn any erroneous order. This writ is both curative and preventative. Certiorari is a distinct type of writ when compared to other Writs. This article explains the Certiorari writ which is important for UPSC Indian Polity Preparation.

Concept of Certiorari

• It literally means 'to be certified' or 'to be informed.'
• It is issued by a higher court to a lower court or tribunal to either transfer a case pending with the latter or to overturn the latter's order in a case.
• It is issued due to an excess of jurisdiction, a lack of jurisdiction, or a legal error.
• As a result, unlike prohibition, which is only preventative, certiorari is both preventive and curative.
• Previously, the writ of certiorari could only be issued against judicial and quasi-judicial authorities, not administrative ones.
• However, the Supreme Court ruled in 1991 that certiorari can be issued even against administrative authorities affecting individual rights.
• Certiorari, like prohibition, is not available against legislative bodies or private individuals or bodies.

Constitutional Provisions

• The Supreme Court has the authority to issue writs of habeas corpus, mandamus, prohibition, certiorari, and quo-warranto under Article 32.
• The Certiorari proceeding is an original proceeding before the superior court that can be initiated by a petitioner before the High Court under Article 226 and the Supreme Court under Article 32 of the Indian Constitution.
• The higher court issues a writ of certiorari to a lesser court to overturn any erroneous order. This writ is both curative and preventative.
• The law has always held that a writ of certiorari is issued against the acts or processes of a judicial or quasi-judicial body endowed with the competence to decide questions affecting subjects' rights and obligated to act judicially. Because the Writ of Certiorari is aimed against the subordinate Courts act, order, or proceedings, it can be issued even if the case is between two private persons.

The grounds for issuing a Writ of Certiorari

• The Supreme Court outlined the reasons for granting certiorari clearly in Syed Yakoob v. K.S. Radhakrishnan
• The following conditions must be met in order to obtain the Writ of Certiorari:
  • The body or person has legal authority.
  • Such authority is concerned with determining issues affecting people's rights.
  • Such a person or body is required to act judiciously while carrying out its functions.
  • Such a person or body has acted outside of their jurisdiction or legal authority.
• Only when all of these conditions are met can a Writ of Certiorari be issued against the body or person who has acted outside of its jurisdiction.

Important Judgements

1. Syed Yakoob vs Radhakrishnan

The court held that the high court's jurisdiction to issue a writ of certiorari is a supervisory jurisdiction, and the court exercising it does not have the authority to act as an appellate court.

2. Collector of Customs vs. A.H.A. Rahiman

• The collector of customs, in this case, passed an order of confiscation of goods without any notice and inquiry.
• The Madras High Court held that the order passed by the collector was without hearing and knowing all the key points of the case.
• It held that the same is contrary to the principles of natural justice and thus issued a writ of certiorari under Article 226 to quash the collector's order.

Significance

• The superior court may issue a Writ on the basis of jurisdiction.
• When an inferior court oversteps its jurisdiction or abuses the jurisdiction granted to it, or when the inferior court lacks jurisdiction, a Writ will be issued to vacate the order made by the inferior court.
• Another ground on which the court can issue a Writ of Certiorari is a violation of natural justice principles.
• The principles of natural justice are an important part of the Indian Constitution because they have been recognized by the Constitution, such as the principle of Audi alterum partem, which means that both sides must be heard.
• When an error is discovered on the record, it becomes a valid reason for issuing the Writ of Certiorari.
  • This Writ may be issued when the error is the result of a clear disregard for the provisions of the law, rather than simply because the judgment was incorrect.
• In cases involving the Writ of Certiorari, the person who is aggrieved by the court's wrongful exercise of jurisdiction should file a petition with the superior court.
  • In this regard, this Writ differs from Habeas Corpus in that Habeas Corpus can be applied for by a non-aggrieved person, and the courts will accept such an application.

Conclusion

A writ of certiorari serves as a crucial judicial tool to review and rectify decisions of lower courts or administrative agencies. The issuance of a writ of certiorari reinforces the appellate court's role in ensuring the correctness of legal proceedings and the fair administration of justice.

FAQs

MCQs

1. Which Article of the Indian Constitution provides for the issuance of writs like certiorari?

A) Article 19
B) Article 21
C) Article 32
D) Article 44

2. Which court has the authority to issue a writ of certiorari?

A) District Court
B) High Court
C) Family Court
D) Small Causes Court

3. What is the primary purpose of the writ of certiorari?

A) To transfer a case
B) To restrain administrative action
C) To quash an unlawful decision
D) To ensure fair trial

4. The writ of certiorari is issued after which of the following has occurred?

A) Before judgment
B) After judgment
C) During trial
D) Before commencement of proceedings

5. Which of the following statements is true regarding the writ of certiorari?

A) It can only be issued to quash administrative orders
B) It is issued before a decision is made
C) It cannot be issued against administrative bodies
D) It is issued to review judicial or quasi-judicial decisions

GS Mains Questions and Model Answers

Q1: Explain the scope and significance of the writ of certiorari in the Indian judicial system. How does it help in ensuring judicial accountability?

Answer: The writ of certiorari is significant in ensuring judicial accountability by allowing higher courts to review the decisions of lower courts or tribunals. It can be issued when a lower authority has acted without jurisdiction, exceeded its powers, or violated natural justice. Certiorari helps correct legal errors and upholds the rule of law, as it empowers the Supreme Court under Article 32 and High Courts under Article 226. This writ promotes accountability by preventing lower authorities from abusing power, ensuring their decisions remain within legal bounds.

Q2: Differentiate between the writ of certiorari and prohibition. When can each writ be applied, and what purpose do they serve?

Answer: Both certiorari and prohibition serve to check judicial and quasi-judicial errors but differ in timing and purpose. Certiorari is issued after a lower court or tribunal has made a decision, allowing higher courts to review and quash it if it is found to be unlawful. Prohibition, however, is a preventive measure issued before the decision is made, stopping lower courts from exceeding jurisdiction or acting unlawfully. Certiorari addresses past errors, while prohibition prevents potential overreach, both ensuring that lower courts operate within the law.

Q3: Discuss the limitations of the writ of certiorari in India. Can it be issued against purely administrative actions?

Answer: The writ of certiorari in India has certain limitations. It is applicable only to judicial and quasi-judicial decisions and cannot be issued against purely administrative actions that lack a judicial character. Its use is restricted to situations where there is a jurisdictional error or a violation of natural justice. This limitation is essential to respect the separation of powers, as certiorari focuses on maintaining judicial oversight rather than intervening in administrative functions. These constraints ensure that certiorari remains a corrective tool within the judicial process.

Previous Year Questions on Certiorari

1. UPSC CSE Prelims 2021:

Question: The writ of certiorari is issued to:

A) Stop a lower court from making a decision
B) Quash a decision already made
C) Command a person to perform a duty
D) Release a person from unlawful detention

Answer: (B)

Explanation: The writ of certiorari is issued by a higher court to quash a decision made by a lower court or tribunal if it was passed without jurisdiction or violated principles of natural justice.

2. UPSC CSE Mains 2020 (GS Paper 2):

Question: "Explain the significance of the writ of certiorari in upholding judicial discipline. How does it help in maintaining the rule of law?"

Answer: Certiorari is crucial for upholding judicial discipline by allowing higher courts to oversee the actions of lower courts, ensuring they act within their jurisdiction and follow legal principles. By quashing decisions made in error or beyond authority, certiorari prevents misuse of power and protects individual rights, thus reinforcing the rule of law. This writ empowers the judiciary to correct legal missteps, maintaining accountability and judicial order, which are fundamental to a lawful society.

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