By which of the following writs the Supreme Court and the High Courts may call for the record of a case from a lower court on an allegation of an excess of jurisdiction?
Certiorari
The Indian Constitution grants powers to the Supreme Court and the High Courts to issue certain commands or orders known as 'writs'. These writs are powerful tools for enforcing the fundamental rights of citizens and for ensuring that governmental and judicial authorities act within the bounds of the law and their jurisdiction. The question asks which specific writ allows a higher court (Supreme Court or High Court) to demand the records of a case from a lower court when there is an allegation that the lower court exceeded its jurisdiction.
Let's examine each of the provided options to determine which writ fits the description of calling for records from a lower court on grounds of excess jurisdiction.
Based on the analysis of the options, the writ that specifically allows a higher court to call for the records of a case from a lower court on the allegation of excess jurisdiction is Certiorari. It serves both a preventive purpose (stopping excess jurisdiction if proceedings are ongoing) and a corrective purpose (quashing an order passed in excess of jurisdiction after the fact, by reviewing the records).
The writ of Certiorari is a vital instrument of judicial review. The Supreme Court (under Article 32) and the High Courts (under Article 226) can issue this writ. When a lower court or tribunal makes a decision without proper authority, exceeds its granted powers, or commits an error apparent on the face of the record that affects jurisdiction, the higher court can use Certiorari to quash the order after examining the records of the case.
| Writ | Primary Function | Relation to Calling Records / Jurisdiction |
|---|---|---|
| Certiorari | Quash order of lower court/tribunal or transfer proceedings | Issued for excess jurisdiction, error of law; involves calling for and reviewing records. |
| Prohibition | Prevent lower court/tribunal from exceeding jurisdiction | Issued for excess jurisdiction; preventive, stops proceedings; typically before final order. |
| Mandamus | Command public duty performance | Not related to judicial errors or calling for case records. |
| Habeas Corpus | Produce detained person | Related to illegal detention, not judicial errors in a case's records. |
Therefore, the writ by which the Supreme Court and High Courts may call for the record of a case from a lower court on an allegation of an excess of jurisdiction is Certiorari.
| Writ | Purpose | Issued Against |
|---|---|---|
| Habeas Corpus | To release a person illegally detained | Person or authority detaining someone |
| Mandamus | To command a public official to perform a duty | Public authority, corporation, or inferior court |
| Prohibition | To stop a lower court from exceeding jurisdiction | Lower court or tribunal |
| Certiorari | To quash an order or transfer proceedings due to error/jurisdiction issue | Lower court or tribunal |
| Quo Warranto | To inquire into the legality of a claim to a public office | Person holding a public office |
The writ of Certiorari can be issued on various grounds, particularly against judicial or quasi-judicial bodies and sometimes against administrative authorities performing judicial functions. Key grounds include:
The ability to call for the record is crucial for the higher court to verify these grounds and make a determination, especially regarding jurisdictional errors.
The word ‘Secular’ got inserted in the Preamble of the Constitution of India through the 42nd Constitutional Amendment Act of ______.
Article ______ of the Constitution of India deals with the ‘protection of life and personal liberty’.
The Preamble of the Constitution of India provides for the liberty of thought, expression, belief, faith and ______.
The idea of the Concurrent List in the Indian constitution is adopted from which constitution?
The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 was introduced in Lok Sabha on December 6, 2021 which seeks to punish financing illicit activities or harbouring persons engaged in them with rigorous imprisonment of at least ten years (extendable up to 20 years) and a fine of at least ______.
Which of the following is NOT a fundamental duty?
The Supreme Court ruled in the Kesavananda Bharati case of _________ that the Preamble is a constituent of the Constitution.
Which of the following is a fundamental duty mentioned in the Indian Constitution?
The Amendments to the Government of National Capital Territory of Delhi (GNCTD) Act 1991 made in March 2021 have been made with reference to which of the following articles of the Constitution?
Who among the following considered "Right to Constitutional Remedies" to be the heart and soul of the Indian Constitution?
Which article of Indian constitution is related with Official language of the Union?
In which year was the Indian ‘Wildlife (Protection) Act’ implemented?
Which article of the Indian constitution was called the 'heart and soul' of the constitution by Dr. B. R. Ambedkar?
Which of the following Articles ensures to provide free and compulsory education to all children in the age group of six to fourteen years as a Fundamental Right to Education?
Who replaced Sachchidananda Sinha as Chairman of the Constituent Assembly of India?