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The writ of certiorari is issued by a superior court to
Explanation
The writ of certiorari is a judicial order issued by a superior court (Supreme Court or High Court) to an inferior court, tribunal, or authority [2]. Its primary purpose is to command the lower body to transfer the record of a particular case to the higher court for review [1]. This is typically done to quash an order already passed or to transfer a pending matter for consideration [3]. While the writ of prohibition is issued to stop further proceedings during the pendency of a case to prevent jurisdictional overreach, certiorari is generally issued after an order has been made to correct errors of law or jurisdiction [3]. Other options describe different writs: option 1 refers to prohibition, option 3 to quo warranto, and option 4 to habeas corpus [1].
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] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > WRITS-TYPES AND SCOPE > p. 98
- [3] 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. 158
SIMILAR QUESTIONS
As per the Constitution of India, the Writ of Prohibition relates to an order : 1. issued against judicial and quasijudicial authority 2. to prohibit an inferior Court from proceeding in a particular case where it has no jurisdiction to try 3. to restrain a person from holding a public office to which he is not entitled Select the correct answer using the code given below :
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 :
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Which of the following conditions is/are necessary for the issue of a writ of certiorari in India?
- 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.
- Such tribunal or officer has acted without jurisdiction.
Select the correct answer using the code given below.