Certiorari: Meaning and Purpose
Certiorari Is One of the Constitutional Writ and In the literal sense, it means “to be certified” or “to be informed”. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law. Thus, unlike prohibition, which is only preventive, certiorari is both preventive as well as curative.
Jurisdiction to issue certiorari is a supervisory jurisdiction and the court is not entitled to act as an appellate court. The certiorari can be issued even if the lis is between two private parties.
The grounds for the issue of certiorari have been succinctly stated by the Supreme Court in the case of Syed Yakoob v. K.S. Radha Krishnan, AIR 1964 SC 477, the writ of certiorari or Prohibition is issued, inter alia on the following grounds:
1.When the body concerned proceeds to act without, or in excess of, Jurisdiction, or
2.Fails to exercise its Jurisdiction, or
3.There is an error of law apparent on the face of the record in the impugned decision of the body, or
4.The findings of fact reached by the inferior tribunal are based on no evidence, or
5.It proceeds to act in violation of the Principles of natural justice, or
6.It proceeds to act under a law which is itself invalid, ultra vires or unconstitutional, or
7.It proceeds to act in contravention of the Fundamental Rights.
Certiorari and Prohibition are also called sister writs. Prohibition is also one of the constitutional writ .
Conclusion-
We hope you now understand the concept of certiorari, its meaning, and its purpose.
In coming days we will share more Doctrines, Writ and Maxims and for that you should keep in Touch with us.
If you have any query related judiciary coaching then click on given link.
We are also available on Facebook then please click on given Link .
