Certiorari

Introduction

Certiorari is an important writ used by higher courts to control lower courts and tribunals. It is used to correct errors made by these bodies after a decision has been given.

It ensures that justice is done when lower authorities act beyond their powers or violate legal rules.

Meaning / Definition

Certiorari means “to be informed”.

It is a writ issued by a higher court to quash (cancel) the order or decision of a lower court or tribunal when it has acted illegally.

Key points:

• Issued after the decision is made
• Applies to judicial and quasi-judicial bodies (bodies that act like courts)
• Used to correct errors of law

Modes or Types

Grounds for issue of Certiorari

• Lack of jurisdiction (no legal authority)
• Excess of jurisdiction (beyond legal authority)
• Violation of natural justice (no fair hearing or bias)
• Violation of procedure established by law
• Error apparent on the face of the record (clear legal mistake)

Conditions for issue

• The authority must have legal power
• It must decide matters affecting rights of persons
• It must act in a judicial manner (like a court)
• It must have exceeded or misused its power

Nature of writ

• Both corrective (removes wrong decision) and preventive (stops further injustice)

When it is not issued

• Against purely administrative or ministerial actions
• Against higher courts or courts of equal status

Important Case Law

T.C. Basappa v. T. Nagappa

The Court held that Certiorari can be issued when a court acts without jurisdiction or exceeds its jurisdiction.

Surya Dev Rai v. Ram Chander Rai

The Supreme Court clarified that Certiorari is available against inferior courts but not against higher courts.

A.K. Kripak v. Union of India

The Court quashed a selection process because of bias, showing violation of natural justice.

Naresh S. Mirajkar v. State of Maharashtra

The Court discussed the scope of Certiorari and limits of its application against court orders.

Distinction / Comparison

Certiorari vs Prohibition

Certiorari corrects a wrong decision, while Prohibition prevents a wrong decision.

Practical Example

If a tribunal gives a decision without giving one party a fair hearing:

• The affected party can file a Certiorari petition.
• The higher court can cancel the decision due to violation of natural justice.

Summary

• Certiorari means “to be informed”
• It is used to quash illegal decisions of lower courts or tribunals
• Issued after the decision is made
• Grounds include lack of jurisdiction, violation of natural justice, and legal errors
• Applies only to judicial or quasi-judicial bodies
• It is both corrective and preventive in nature