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Q59 (CDS-I/2023) Polity & Governance › Judiciary › Judicial review Answer Verified

Which of the following conditions is/are necessary for the issue of a writ of certiorari in India?

  1. There should be a tribunal or an officer, having legal authority to determine questions affecting rights of subjects and having a duty to act judicially.
  2. Such tribunal or officer has acted without jurisdiction.

Select the correct answer using the code given below.

Result
Your answer: —  Â·  Correct: C

Explanation

The writ of certiorari is issued by a higher court to a lower court or tribunal to quash an order based on jurisdictional errors or legal flaws [1]. For this writ to be issued, certain conditions must be met. First, there must be a body or officer with legal authority to determine questions affecting the rights of subjects, and they must have a duty to act judicially or quasi-judicially [1]. Historically, certiorari was restricted to judicial and quasi-judicial authorities and was not available against purely administrative bodies [1]. Second, the writ is issued when such a tribunal or officer has acted without jurisdiction, in excess of jurisdiction, or in violation of the principles of natural justice [2]. Additionally, it can be issued if there is an error of law apparent on the face of the record, even if the tribunal acted within its jurisdiction [2]. Therefore, both statements provided are necessary conditions.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > Certiorari > p. 99
  2. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Scope of the Writs: I. Habeas corpus. > p. 159
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SIMILAR QUESTIONS

CDS-I · 2011 · Q10 Relevance score: 3.31

Which of the following statements regarding writ of certiorari is/are correct? 1. There should be court, tribunal or an officer having legal authority to determine the questions of deciding funda- mental rights with a duty to act judicially. 2. Writ of certiorari is available during the tendency of pro- ceedings before a subordinate court. Select the correct answer using the code given below : Code :

CDS-I · 2012 · Q30 Relevance score: 2.85

Which among the following conditions are necessary for the issue of writ of quo warranto?

  1. The office must be public and must be created by a Statute or by the Constitution itself.
  2. The office must be a substantive one and not merely the function or employments of a servant at the will and during the pleasure of another.
  3. There has been a contravention of the Constitution or a Statute or Statutory Instrument, in appointing such person to that office.

Select the correct answer using the codes given below—

CDS-II · 2020 · Q23 Relevance score: 1.29

Which one of the following is not the necessary condition for the issue of a writ of o Warranto?

CDS-II · 2010 · Q77 Relevance score: 1.19

Which of the following statements is/are correct ?, 1. In India the constitutional remedy under Article 32 is available only in case of fundamental rights, not in the case of rights which follow from some other provision in the Constitution. . 2. Both the Supreme Court and High Courts can issue the writs of habeas corpus, mandamus prohibition, certiorari and quo warranto only for the purpose of enforcement of . fundamental rights. Select the correct answer using the code given below :

CDS-II · 2019 · Q4 Relevance score: 0.92

Which one of the following con- ditions laid down in the Consti- tution of India for the issue of a writ of Quo-Warranto is not correct?