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Certiorari

Term
Constitutional
Literal meaningTo be certified
Pronunciationser-shee-oh-RAIR-eye

A writ that quashes an order of a lower court or a tribunal that acted without jurisdiction, or that made a clear error of law.

Example

A tribunal decides a case without hearing one party. The High Court can quash the order.

Case laws
  • Hari Vishnu Kamath v. Syed Ahmad Ishaque (1955), Supreme Court: the Court set out the grounds on which certiorari is issued, including excess of jurisdiction and error of law apparent on the face of the record.
  • Syed Yakoob v. K.S. Radhakrishnan (1964), Supreme Court: the Court explained that certiorari is not an appeal and cannot correct errors of fact.
Statutory link

Articles 32 and 226 of the Constitution of India.

Exam tip

Contrast with prohibition: certiorari acts after the order, prohibition acts before it.

Memory trick

Certiorari = quash it.

Key takeaway

Certiorari quashes a decision made without jurisdiction or with a clear error of law.

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