certiorari

Certiorari is issued by the Supreme Court under Article 32 and by High Courts under Article 226. The grounds are want or excess of jurisdiction, failure to exercise jurisdiction, violation of natural justice, fraud, and an error of law apparent on the face of the record.

The jurisdiction is supervisory, not appellate. The court does not reweigh evidence or substitute its own findings of fact; a finding of fact can be touched only if it rests on no evidence or ignores material evidence. Certiorari quashes a decision already made, while prohibition stops a body before it decides. Once limited to judicial and quasi-judicial bodies, it now issues against administrative action too.

Example

Since the tribunal decided without hearing the workman, the High Court may issue certiorari to quash the award for violation of natural justice.

In Indian law

• Articles 32 and 226, Constitution of India
• Syed Yakoob v. K.S. Radhakrishnan, 1963 INSC 205: limits of certiorari; no review of findings of fact as an appeal court

See also

writ · prohibition · mandamus · judicial review

Read more in the study notes

• Classification of administrative action (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• The rule against bias (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Reference, review and revision; caveat, restitution and the inherent powers of the court (Civil Procedure Code and Limitation Act)
• Articles 32 and 226: constitutional remedies, the writs and PIL (Constitutional Law I)