The writ of certiorari empowers superior courts to quash decisions of lower courts, tribunals, or quasi-judicial bodies, serving as a critical instrument of supervisory jurisdiction and protection against jurisdictional excess.
Certiorari is issued under Article 32 by the Supreme Court and Article 226 by High Courts. It lies against any judicial or quasi-judicial body that acts without jurisdiction, exceeds its jurisdiction, or commits an error of law apparent on the face of the record. Unlike appellate review, it does not re-examine facts but corrects jurisdictional and legal infirmities.
Courts issue certiorari on grounds such as lack of jurisdiction, excess of jurisdiction, violation of principles of natural justice, or a patent error of law. The writ is not available against purely administrative or legislative acts, distinguishing it from broader writs like mandamus.
While prohibition prevents a lower court from proceeding further in a matter beyond its jurisdiction, certiorari quashes an order already passed. Together, they form complementary tools of supervisory control over inferior adjudicatory bodies.
Certiorari safeguards citizens against arbitrary or ultra vires decisions by statutory tribunals, regulatory bodies, and administrative adjudicators. Its availability under Article 226 even for non-fundamental-right violations makes it broader in High Courts than in the Supreme Court, strengthening decentralised judicial oversight.
Certiorari balances judicial hierarchy with accountability, ensuring that inferior forums remain within lawful bounds. Expanding tribunal jurisdiction without commensurate supervisory mechanisms would render this writ indispensable to preserving the rule of law.
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