Question map
Not attempted Correct Incorrect ★ Bookmarked
Loading…
Q10 (CDS-I/2011) Polity & Governance › Judiciary › Judicial process basics Answer Verified

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 :

Result
Your answer: —  Â·  Correct: A
Explanation

The correct answer is Option 1.

The writ of Certiorari is issued by a higher court to a lower court or tribunal to quash its order. Statement 1 is correct because, for this writ to be issued, there must be a body with legal authority to determine questions affecting the rights of subjects and having the duty to act judicially. Originally, it was only issued against judicial and quasi-judicial bodies to correct errors of jurisdiction or law.

Statement 2 is incorrect because Certiorari is a curative writ issued after a final order or judgement has been passed to quash it. In contrast, the writ of Prohibition is issued during the pendency of proceedings to prevent a lower court from exceeding its jurisdiction. While the Supreme Court expanded Certiorari to include administrative authorities in 1991, its fundamental nature remains post-adjudicative, making Statement 1 the only accurate description of its essential prerequisites.

How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
50%
got it right
✓ Thank you! We'll review this.

SIMILAR QUESTIONS

CDS-I · 2023 · Q59 Relevance score: 4.56

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.

CDS-II · 2010 · Q77 Relevance score: 0.97

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 :

CAPF · 2012 · Q121 Relevance score: 0.96

Which of the following statements about National Green Tribunal is/are correct? 1. It is a specialized body equipped with the necessary expertise to handle environ- mental disputes involving multidisciplinary issues. 2. The Tribunal shall be bound by the procedure laid down under the Code of Civil Procedure, 1908. Select the correct answer using the code given below.

IAS · 2022 · Q88 Relevance score: -0.24

With reference to the writs issued by the Courts in India, consider the following statements: 1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty. 2. Mandamus will not lie against a Company even though it may be a Government Company. 3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto. Which of the statements given above are correct?

CDS-I · 2014 · Q68 Relevance score: -0.28

Which of the following statements relating to Comptroller and Auditor General in India is/are correct? 1. He/She is not an officer of the Parliament but an officer under the President. 2. He/She is an independent constitutional authority not directly answerable to the House. Select the correct answer using the code given below.