What Is The Writ Of Certiorari?

In Essence, A Writ Is A Formal Order Issued By A Judicial Or Administrative Body. Article 32 And 226 Of The Indian Constitution, Respectively; Guarantee The Writ Jurisdiction Of The Supreme Court And The High Courts. The Chairman Of The Drafting Committee, Dr. B. R. Ambedkar, Referred To Article 32 As The "Heart And Soul" Of The Indian Constitution. This Is So Because The Core Principles Of The Constitution Are Outlined In Part Iii.

Reasons For A Certiorari And Those Against Whom It May Be Filed

In Essence, Certiorari Is A Tool For Judicial Constraint And Control. As Previously Stated, The Supreme Court Or The High Court May Issue An Order Nullifying A Decision Made By A Lower Court, Tribunal, Or Quasi-Judicial Body If The Body In Question Acted Outside Its Authority, Without The Necessary Jurisdiction, Or In A Way That Went Against The Fundamental Rights Of Justice. It Is Remedial And Intended To Stop The Judiciary From Going Too Far.

Important Prerequisites For The Certiorari Writ

The Following Prerequisites Must Be Met For The Writ Of Certiorari To Be Issued:

The Presence Of An Official Or Tribunal With The Legal Capacity To Rule On Disputes About People's Rights.
The Actions Of The Tribunal Or Such An Officer Must Have Been Beyond The Scope Of Their Authority, Without The Necessary Jurisdiction, Or Against The Fundamentals Of Natural Justice.

The Supreme Court Has Made It Clear That This Writ Cannot Be Used To Challenge Only Administrative Decisions. This Suggests That It Can Only Be Used In Circumstances Where It Is The Responsible Authority's Responsibility To Act Prudently, Following A Hearing From All Parties, And Without Taking Into Account Any Unrelated Factors. This Viewpoint Has Been Disregarded In The Choices That Have Come After, Nevertheless. Therefore, Natural Justice Principles Must Be Upheld Even If The Authority Is Not Compelled To Hear All Sides Before Making A Judgment. Therefore, Even In Administrative Instances, The Writ Of Certiorari May Be Granted.

Under These Circumstances, A Body Is Considered To Have Acted Outside Of Its Jurisdiction:

1. When The Court Hearing The Case Has Not Been Appropriately Constituted Following The Law, Including Member Requirements, Etc.

2. When The Topic Of The Investigation Falls Outside The Legal Purview Of The Authority.

3. When An Incorrect Factual Assumption Served As The Foundation For The Jurisdiction.

4. When Components Such As Fraud, Collusion, Or Corruption Are Present, Or When Natural Justice Principles Are Broken And Justice Is Not Served.

5. If There Is A Clear Mistake On Its Face, A Decision Can Be Overturned Even Though The Body Has Operated Appropriately Within The Parameters Of Its Authority. This Is An Instance Of A Legal Error.

6. A Writ Of Certiorari Can Therefore Be Granted In Each Of The Aforementioned Situations.

How A Writ Of Certiorari Is Filed

A Writ For Certiorari Is Filed Using The Same Process As Other Writ Petitions. Should Someone's Basic Rights Be Violated, A Writ Petition May Be Brought Under Article 32 In The Supreme Court Or Article 226 In The High Court. There Is No Set Period Within Which The Petition Must Be Filed. There Is, Nevertheless, Opportunity For A Fair Delay. It Must Be Submitted Within A Fair Amount Of Time Following The Infringement Of A Right.

A Person Who Feels Wronged Must First Approach An Organization Or Advocate With All The Necessary Paperwork. The Attorney Drafting The Petition Follows This. All Essential Information Regarding The Party Who Was Wronged And The Specifics Of The Infringement Will Be Included In The Draft. The Court Then Receives The Petition. The Court Will Then Designate A Precise Day For The Hearing. The Opposite Party Will Receive Notice From The Court. After That, Both Sides Must Show Up In Court And Present Their Cases.

Following The Hearing Of Both Parties, The Judge Will Render A Decision. Like With Any Other Writ, The Petition Must Adhere To The Correct Prescribed Structure For The Writ.

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