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Difficulty: MediumFundamental Rights, Directive Principles, and Fundamental Duties

Which of the following judicial writs can be issued by the Supreme Court or High Courts against both judicial or quasi-judicial bodies and administrative authorities to quash an order that has already been passed in excess of jurisdiction?

  1. CertiorariAnswer
  2. B
    Prohibition
  3. C
    Mandamus
  4. D
    Quo-Warranto

Answer

Certiorari is the writ used to quash orders passed in excess of jurisdiction by judicial, quasi-judicial, and administrative authorities.
The writ of Certiorari is issued by a higher judicial body to lower judicial, quasi-judicial, or administrative authorities. Its primary objective is to quash an order that has been issued without jurisdiction, in excess of jurisdiction, or in violation of natural justice. In 1991, the Supreme Court extended the availability of Certiorari to administrative authorities affecting the rights of citizens.

Step-by-Step Solution

1
Identify the purpose of the writ mentioned in the stem.
The target writ must be corrective in nature (quashing an existing order) and apply to both judicial/quasi-judicial bodies and administrative authorities.
The stem specifies quashing an order already passed in excess of jurisdiction.
2
Evaluate the scope of the writ of Certiorari.
Certiorari acts to quash illegal orders. Following the Supreme Court's ruling in 1991, Certiorari can be issued against administrative authorities affecting rights of individuals, as well as judicial and quasi-judicial bodies.
It fulfills both conditions: corrective nature (quashing) and applicability to administrative as well as judicial bodies.
3
Distinguish Certiorari from Prohibition, Mandamus, and Quo-Warranto.
Prohibition is purely preventive before an order is made; Mandamus directs action for failure of duty; Quo-Warranto tests title to public office.
This confirms Certiorari as the unique matching answer.

Key Concept

Scope and Jurisdiction of Writs under Articles 32 and 226
Estimated Time:1m 0s
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Topics

Fundamental Rights, Directive Principles, and Fundamental Duties

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