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.
[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option3″]
This question was previously asked in
UPSC CDS-1 – 2023
– 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.
– 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.