(Pronounced as Sir-chee-oh-Rah-ree)
1. Certiorari is a Latin term which means “to Certify”.
2. The writ of certiorari is issued both in Civil as well the Criminal proceedings.
3. The writ of certiorari is a judicial order issued by the Supreme Court under Article 32 and the High Court under Article 226.
4. This writ is issued to inferior courts, and authorities exercising judicial and quasi judicial functions.
5. The writ of certiorari has expanded its horizon and nowadays issued for administrative actions also. In A.K Kraipak v Union of India this writ was issued to quash the administrative actions of the selection board.
6. This writ can be issued to a person, or statutory or non statutory bodies, which act in judicial, quasi judicial or administrative capacity which affect the rights of a person.
7. The writ of certiorari is corrective in nature unlike prohibition which is preventative in nature.
8. Lord Atkin in R v Electricity commissioners observed the following conditions that need to be fulfilled for a writ of certiorari
a) A body of persons;
b) Having legal authority;
c) to determine the rights of the subjects;
d) Having the duty to act judicially;
e) Acts in excess of authority
9. The writ of certiorari can be issued under the following conditions :-
a) When the Judicial or the quasi judicial authority has acted in excess jurisdiction, failed to exercise the jurisdiction vested to it by law, or has acted without jurisdiction.
b) When the authority is said to have abused its power.
c) When the authority assumes it jurisdiction by issuing an order without valuing the” jurisdictional “or the “Collateral” facts which are the condition precedent to be determined.
d) When the error of law is apparent on the face of the record and the authority issues an order which is apparently erroneous and embarrasses the system.
e) Violates the principle of natural justice. By granting orders based on personal bias, pecuniary bias, departmental bias, policy bias or evading the rule of audi alterem partem.
10. The writ of certiorari always acts in a supervisory capacity and not in an appellate capacity.
2. The writ of certiorari is issued both in Civil as well the Criminal proceedings.
3. The writ of certiorari is a judicial order issued by the Supreme Court under Article 32 and the High Court under Article 226.
4. This writ is issued to inferior courts, and authorities exercising judicial and quasi judicial functions.
5. The writ of certiorari has expanded its horizon and nowadays issued for administrative actions also. In A.K Kraipak v Union of India this writ was issued to quash the administrative actions of the selection board.
6. This writ can be issued to a person, or statutory or non statutory bodies, which act in judicial, quasi judicial or administrative capacity which affect the rights of a person.
7. The writ of certiorari is corrective in nature unlike prohibition which is preventative in nature.
8. Lord Atkin in R v Electricity commissioners observed the following conditions that need to be fulfilled for a writ of certiorari
a) A body of persons;
b) Having legal authority;
c) to determine the rights of the subjects;
d) Having the duty to act judicially;
e) Acts in excess of authority
9. The writ of certiorari can be issued under the following conditions :-
a) When the Judicial or the quasi judicial authority has acted in excess jurisdiction, failed to exercise the jurisdiction vested to it by law, or has acted without jurisdiction.
b) When the authority is said to have abused its power.
c) When the authority assumes it jurisdiction by issuing an order without valuing the” jurisdictional “or the “Collateral” facts which are the condition precedent to be determined.
d) When the error of law is apparent on the face of the record and the authority issues an order which is apparently erroneous and embarrasses the system.
e) Violates the principle of natural justice. By granting orders based on personal bias, pecuniary bias, departmental bias, policy bias or evading the rule of audi alterem partem.
10. The writ of certiorari always acts in a supervisory capacity and not in an appellate capacity.
Maitreyi
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