Question map
Which among the following writs is issued to quash the order of a Court or Tribunal?
Explanation
The writ of Certiorari is specifically issued by a higher court to a lower court or tribunal to quash its order or decision. While both Prohibition and Certiorari are issued against judicial or quasi-judicial bodies, they differ in timing and purpose: Prohibition is a preventive writ issued during the pendency of proceedings to prevent a court from exceeding its jurisdiction, whereas Certiorari is a curative writ issued after an order has been made to quash it. Certiorari is applicable when a decision is vitiated by an error of law apparent on the face of the record, a lack of jurisdiction, or an excess of jurisdiction. Under this writ, the higher court orders the lower authority to transfer the records of a case for review to ensure the legality of the decision [2].
Sources
- [1] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > RIGHT TO CONSTITUTIONAL REMEDIES > p. 41
- [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