Introduction 

Certiorari is a corrective writ which gives special emphasis on correcting various errors in record. The meaning of certiorari is “to be informed” or “to be certified”. It is basically issued by the Supreme Court and high court to lower courts for transferring cases. In contrast to writ of prohibition which is only by nature preventive certiorari basically implies a writ which is both curative and preventive. The Supreme Court along with the high court has the power to issue writ of certiorari against inferior or lower courts for not maintaining rights of individuals in the constitution. Article 32 and article 226 deals with certiorari in the constitution of India. 

Writ of certiorari by the Supreme Court can be imposed against administrative authorities which affects the rights of individuals.  Writ of certiorari issued due to error in legal framework and lack of jurisdiction and excess amount of jurisdiction are reasons behind enforcement of Writ of certiorari in Indian constitution. Writ of certiorari issued against quasi-judicial and judicial authorities for not maintaining law and order properly as mentioned in Indian constitution.  Excess along with lack of jurisdiction are instances where writ of certiorari issues by high courts and supreme courts against lower courts. Before 1991 writ of certiorari was only enforced against Quasi-judicial and judicial authorities and it is not enforceable against administrative authorities. In 1991 Supreme Court stated that writ of certiorari will be enforceable against administrative authorities for not properly maintaining law & order and affecting individual rights. According to constitutional provision certain conditions must be met for obtaining writ of certiorari from the Supreme Court and high court of India. 

There are certain conditions which are necessary to be met for obtaining writ of certiorari from supreme courts and high court of India. Article 226 deals with high court’s right to issue writ of certiorari against lower or inferior court whereas sole power of Supreme Court to issue writ of certiorari vested in article 32 in Indian constitution. Legal authority of body or person is a prerequisite for gaining certiorari. It is necessary to determine relevant issues which affect people’s rights must be addressed and legal authority must be concerned with those issues. In order to obtain writ of certiorari people or persons must act judiciously for conducting functions. It is necessary to act outside the jurisdiction of the legal framework for gaining writ of certiorari. These are considered as constitutional legal frameworks related to writ of certiorari. 

“Province of Bombay V khushaldas” , “Syed Yakoob vs radhakrishnan’ are some cases where writ of certiorari is enforced by higher courts including supreme court of India and high court against inferior court. “Hari Vishnu vs Ahmed Ishaque” is another important case where writ of certiorari is enforced or issued by a higher court. Writ issued by higher court against lower court for violation of basic tenet of natural justice. On the basis of certain jurisdiction higher courts such as Supreme Court along with high court can issue or enforce writ of certiorari against lower or inferior court and tribunals for violating natural justice as mentioned in constitution of India.

Significant characteristics of writ of certiorari

Violation of basic principle of natural justices are instances against which writ of certiorari are enforced by higher court against inferior or lower court for not adhering to the constitution. While an error is detected on record it is necessary to enforce or issue writ of certiorari. Writ of certiorari is regarded as a corrective remedy of the constitution of India, and it plays a significant role in protecting the rights of people. There are certain grounds on which writ of certiorari is issued by higher courts to subordinate or lower courts. Natural justice and its infringement, fraud, error in records and overreach of jurisdiction are reasons for which writ of certiorari is applied.

Conclusion

In the concluding portion of this study it is stated that writ of certiorari play a decisive role in providing justice to people. The Supreme Court and High Court of India issues writ of certiorari against inferior or lower courts for providing justice to people. Article 32 along with article 226 deals with writ of certiorari, and it plays a significant role in making corrections of constitutional records. Writ of certiorari is basically a prerogative writ and the meaning of certiorari is “to be informed “or “to be certified”.