2023 · Q47
Which of the following conditions is/are necessary for the issue of a writ of certiorari in India?
- 1There should be a tribunal or an officer having legal authority to determine questions affecting rights of subjects and having a duty to act judicially.
- 2Such tribunal or officer has acted without jurisdiction.
Select the correct answer using the code given below.
General KnowledgeIndian Polity and Governance
- A1 only
- B2 only
- CBoth 1 and 2
- DNeither 1 nor 2
Explanation
Certiorari is issued by a superior court to quash the order of an inferior tribunal. Its classic conditions are: (1) there must be a tribunal or officer with legal authority to decide questions affecting rights and a duty to act judicially, and (2) that authority must have acted without or in excess of jurisdiction (or in violation of natural justice). Both conditions are necessary, so both statements are correct.