Introduction and Constitutional Basis
The Writ of Certiorari is one of the five constitutional writs provided under Article 32 and Article 226 of the Indian Constitution. The term Certiorari is a Latin word meaning “to be informed” or “to be certified.” It is issued by a higher court (Supreme Court or High Court) to a lower court, tribunal, or authority to transfer a case for review or to quash an order passed without jurisdiction or in violation of natural justice. The main purpose of this writ is to keep inferior courts or tribunals within their legal bounds and ensure that they do not exceed their jurisdiction while performing judicial or quasi-judicial functions.
Nature and Scope
The Writ of Certiorari is both corrective and supervisory in nature. It can be issued to quash judicial or quasi-judicial orders that are illegal, lack jurisdiction, or are passed in violation of fundamental rights. However, it cannot be issued against purely administrative actions. Under Article 226, both the High Courts and the Supreme Court have the authority to issue this writ to enforce legal rights and uphold constitutional propriety. The remedy of certiorari is discretionary, meaning the court may refuse to grant it if there is an adequate alternative legal remedy.
Judicial Interpretation
The Supreme Court has interpreted the scope of Certiorari in several landmark cases. In T.C. Basappa v. T. Nagappa (1954 AIR 440), the Court clarified that the writ can be issued to correct errors apparent on the face of the record or when an inferior tribunal acts without or in excess of jurisdiction. Similarly, in Surya Dev Rai v. Ram Chander Rai (2003), it was held that even when there is no appellate jurisdiction, High Courts can issue Certiorari to ensure that justice is not denied due to jurisdictional errors. Thus, the writ ensures judicial control over judicial excesses.
Real-Time Example
A real instance of the Writ of Certiorari was seen in the Madras High Court (2020), where the court quashed a disciplinary order issued by a university against a student without following due process. The High Court issued Certiorari holding that the university had acted beyond its authority and violated the principle of natural justice. This example shows how Certiorari functions as a guardian of procedural fairness and jurisdictional propriety in India’s legal system.
Mnemonic to Remember – “CERTI”
C – Correction of jurisdictional errors
E – Ensures fairness and legality
R – Removes orders of inferior courts
T – Tribunal or authority exceeds power
I – Issued by higher courts (HC/SC)
The mnemonic “CERTI” helps you recall the essence of Certiorari — it is issued by higher courts to correct, ensure fairness, remove excesses, and maintain judicial integrity.
About lawgnan:
Understand the Writ of Certiorari under Articles 32 and 226 of the Indian Constitution at Lawgnan.in. Explore how this powerful constitutional remedy allows the Supreme Court and High Courts to quash unlawful orders of inferior courts and tribunals that act beyond their jurisdiction or violate natural justice. Learn through landmark judgments like T.C. Basappa v. T. Nagappa and Surya Dev Rai v. Ram Chander Rai, which define its scope and limitations. Ideal for law students, judiciary aspirants, and UPSC candidates, this article simplifies constitutional writs to strengthen your understanding of judicial review and fairness.
