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 ce

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Q: 10 (CDS-I/2011)
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 :

question_subject: 

Polity

question_exam: 

CDS-I

stats: 

0,23,80,23,26,46,8

keywords: 

{'certiorari': [0, 0, 0, 2], 'writ': [0, 0, 0, 2], 'subordinate court': [0, 0, 0, 1], 'tribunal': [0, 0, 0, 3], 'legal authority': [0, 0, 0, 1], 'court': [11, 1, 18, 32]}

The correct answer is option 2: 2 only.

Option 1 states that a court, tribunal, or an officer with legal authority and a duty to act judicially should be present to determine questions regarding fundamental rights. This statement is not correct as the presence of a court or tribunal is not a requirement for the writ of certiorari.

Option 2 states that the writ of certiorari is available during the proceedings before a subordinate court. This statement is correct. The writ of certiorari is a legal order issued by a higher court to review the decision of a lower court or tribunal. It is typically used to correct errors of law or jurisdiction made by the lower court.

Therefore, option 2 is the correct answer as it correctly states that the writ of certiorari is available during the proceedings before a subordinate court.