Which of the following conditions is/are necessary for the issue of a

Which of the following conditions is/are necessary for the issue of a writ of certiorari in India?

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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.

1 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CDS-1 – 2023

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Both conditions listed are necessary for the issue of a writ of certiorari in India. A writ of certiorari is typically issued against a judicial or quasi-judicial body that exceeds its jurisdiction or commits an error of law apparent on the face of the record.

– Point 1 states that there must be a tribunal or officer with legal authority to determine rights and having a duty to act judicially. This establishes the type of body against which the writ can be issued – one that performs judicial or quasi-judicial functions.
– Point 2 states that such body has acted without jurisdiction or in excess of jurisdiction. This is a primary ground for issuing certiorari; the body must have transgressed the limits of its legal authority.

– Other grounds for issuing a writ of certiorari include: violation of principles of natural justice, error of law apparent on the face of the record, or violation of fundamental rights.
– Certiorari is a corrective writ issued by a higher court (Supreme Court or High Courts) to quash the decision of a lower court, tribunal, or quasi-judicial authority when it has acted illegally.
– It is distinct from a writ of prohibition, which is issued to prevent a lower body from exceeding its jurisdiction before it makes a decision.

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