Question

Writ of Certiorari is issued against

• A. Lower courts or quasi-judicial bodies
• B. Public Officials
• C. Wrongful confinement
• D. Usurpation of public office

Hint:

To remember the five writs, use the mnemonic "He Made Peter Quit Quickly": \textbf{H}ebeas Corpus (produce the body), \textbf{M}andamus (we command), \textbf{P}rohibition (to forbid), \textbf{Q}uo Warranto (by what authority), \textbf{C}ertiorari (to be certified).

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The writ of Certiorari is one of the five prerogative writs provided under the Indian Constitution (Article 32 for the Supreme Court and Article 226 for High Courts). The term 'Certiorari' literally means 'to be certified' or 'to be informed'.
Step 2: Detailed Explanation:
This writ is issued by a higher court (like the Supreme Court or a High Court) to a lower court or a quasi-judicial body (like a tribunal or an administrative authority acting judicially).
The primary purposes of issuing the writ of Certiorari are:
\begin{itemize} \item To quash an order or decision that has already been passed by the lower body.
\item To correct errors of jurisdiction (i.e., when a lower court acts without jurisdiction or in excess of its jurisdiction).
\item To rectify an error of law apparent on the face of the record.
\item To address a violation of the principles of natural justice.
\end{itemize} Options (B), (C), and (D) are incorrect as they are addressed by other writs:
- Public Officials: The writ of Mandamus is issued to compel a public official to perform their public duty.
- Wrongful confinement: The writ of Habeas Corpus is issued against wrongful detention or confinement.
- Usurpation of public office: The writ of Quo Warranto is issued to inquire into the legality of a person's claim to a public office.
Step 3: Final Answer:
Therefore, the writ of Certiorari is specifically issued against lower courts or quasi-judicial bodies to review and potentially nullify their decisions.