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Certiorari is a legal term that originates from the Latin word 'certiorari' [volumus], meaning ' [we wish] to be made more certain'. In law, it is a court process to seek judicial review of a decision of a lower court or government agency. The writ of certiorari is issued by a higher court to quash an order already passed by inferior or subordinate courts, tribunals, and other public authorities. In India, the writ of certiorari is issued by the Supreme Court and High Courts to lower courts or tribunals, and it is a distinctive writ and generally a prerogative writ mentioned in the Indian Constitution.
| Characteristics | Values |
|---|---|
| Origin | Derived from the English common law |
| Meaning | To be certified or to be informed |
| Type | Corrective writ |
| Issuing Authority | Supreme Court or High Court |
| Applicant | Parties aggrieved by a decision of a lower court or any other administrative body |
| Conditions for Issuance | Jurisdictional error, procedural irregularity, or natural justice violation |
| Purpose | To quash an order or transfer a case to a higher court |
| Scope | Applicable to inferior courts, tribunals, and public authorities |
| Basis | Article 32 and Article 226 of the Indian Constitution |
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What You'll Learn
Certiorari's roots in English common law
In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. The term is derived from Law Latin, with the full phrase being certiorari volumus, meaning " [we wish] to be made more certain". In English common law, certiorari was a supervisory writ, serving to keep "all inferior jurisdictions within the bounds of their authority... [protecting] the liberty of the subject, by speedy and summary interposition".
In the English legal system, certiorari was introduced as a means to control the jurisdiction of lower courts, with the Court of King's Bench tasked with supervising all lower courts and empowered to issue writs necessary for the discharge of that duty. The writ of certiorari was used to bring up the decision of an inferior tribunal or authority to a higher court so that it may be investigated.
In the 19th century, as English legal principles were transplanted to India, the writ of certiorari became an integral part of the Indian legal system. The High Courts, established in various regions, were empowered to issue this writ to correct errors of jurisdiction or law. The Government of India Act 1935 further expanded the powers of the Federal Court and the High Courts, authorising them to issue certiorari to enforce fundamental rights and to review decisions of inferior courts.
In the administrative law context, the common-law writ of certiorari was historically used by lower courts in the United States for judicial review of decisions made by an administrative agency after an adversarial hearing. In modern law, certiorari is recognised in many jurisdictions, including England and Wales, Canada, India, Ireland, the Philippines, and the United States.
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Certiorari's introduction in India
Certiorari is a legal term that originates from the Latin word meaning 'to be certified' or 'to be informed'. In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. The term comes from the words used at the beginning of these writs when they were written in Latin: certiorari [volumus], which means ' [we wish] to be made more certain'. Certiorari is the present passive infinitive of the Latin verb 'certioro, certiorare' ('to inform, apprise, show').
In the 19th century, as English legal principles were transplanted to India, the writ of certiorari became an integral part of the Indian legal system. The High Courts, established in various regions, were empowered to issue this writ to correct errors of jurisdiction or law. The Government of India Act 1935 granted expanded powers to the Federal Court and the High Courts, authorizing them to issue certiorari to enforce fundamental rights and to review decisions of inferior courts.
The procedure to file a writ of certiorari in India is similar to filing any writ petition, which means this writ can be filed either in the Supreme Court under Article 32 or in the High Court under Article 226 of the Constitution of India. To file a writ of certiorari, there must be a violation of a person's fundamental rights, and the same should be filed within a reasonable time after the violation of an individual's right. In India, the application process for a writ of certiorari involves several steps. The party seeking the writ initiates the process by filing a Special Leave Petition (SLP) in the Supreme Court. The SLP serves as the application for seeking permission to appeal. The grounds on which the writ is sought should be clearly stated by the petitioner.
The Supreme Court's authority to grant certiorari allows it to select cases of national importance or cases where lower courts have reached conflicting decisions. This power has been crucial in shaping legal precedents and ensuring uniformity in interpreting and applying federal law. The writ of certiorari can be applied by the parties aggrieved by a decision of a lower court or any other administrative body. The one who seeks the writ must demonstrate that they have a direct and substantial interest in the case and that they have exhausted all available remedies within the lower courts before seeking review of a higher court.
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Certiorari's role in shaping legal precedents
Certiorari, derived from the English common law, is a legal term that originates from the Latin word 'certiorari' which means 'to be certified' or 'to be informed'. In India, it is one of the five types of writs issued by the Supreme Court under Article 32 of the Constitution and by the High Court under Article 226. The writ of certiorari is a legal mechanism that allows higher courts to review decisions made by lower courts or administrative bodies. It is used to bring up the decision of an inferior tribunal or authority to a higher court for investigation.
The role of certiorari in shaping legal precedents is significant. It is a tool for judicial control and restraint, invoked to prevent a lower court or body from transgressing the limits of its powers. It is used to correct errors of jurisdiction or law, ensuring that lower authorities act within their legal bounds and follow due process. Certiorari can be applied by parties aggrieved by a decision of a lower court or administrative body, provided they demonstrate a direct and substantial interest in the case and have exhausted all available remedies within the lower courts.
The Supreme Court's authority to grant certiorari allows it to select cases of national importance or those with conflicting decisions from lower courts. This power has been crucial in shaping legal precedents and ensuring uniformity in interpreting and applying federal law. Certiorari is not automatic but is granted at the court's discretion when the petitioner establishes substantial grounds such as jurisdictional errors, procedural irregularities, or violations of natural justice.
In the Indian legal context, certiorari plays a corrective role, safeguarding fundamental rights and ensuring fair treatment under the rule of law. It is a cornerstone of judicial review, invoked to address errors in the legal framework, lack or excess of jurisdiction, and violations of individual rights. Certiorari can be issued against quasi-judicial and judicial authorities for failing to maintain law and order or protect individual rights as mentioned in the Indian Constitution.
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Certiorari's conditions and limitations
Certiorari is a legal term that originates from the Latin word meaning 'to be certified' or 'to be informed'. It is a court process to seek judicial review of a decision of a lower court or government agency. The writ of certiorari is issued by a higher court to quash an order already passed by inferior or subordinate courts, tribunals, and other public authorities.
Conditions and Limitations
For the issuance of the writ of certiorari, certain conditions must be met. Firstly, there must be an officer or tribunal with the judicial authority to decide on cases affecting the rights of people. Additionally, the writ can only be invoked in cases of error of law or where the lower court has exceeded the limits of its jurisdiction. The Supreme Court of India has clarified that this writ cannot be issued against purely administrative actions, but only in situations where the concerned authority has a duty to act judiciously, hearing both parties without any extraneous considerations.
The writ of certiorari is a tool for judicial control and restraint. It is not meant to re-hear a case or consider the facts again. Instead, it is used to question the authority of a lower court or tribunal and to ensure they remain within their legal bounds. Certiorari can be applied by parties aggrieved by a decision of a lower court or administrative body, but they must demonstrate a direct and substantial interest in the case and have exhausted all available remedies within the lower courts.
In the Indian legal context, Articles 32 and 226 of the Constitution contain the provisions for writ jurisdictions of the Supreme Court and High Courts respectively. The Supreme Court's authority to grant certiorari allows it to select cases of national importance or conflicting decisions from lower courts.
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Certiorari's evolution and broader use
Certiorari, derived from English common law, is prevalent in countries influenced by common law. It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, it is recognised in many jurisdictions, including England and Wales, Canada, India, Ireland, the Philippines, and the United States.
The term 'certiorari' comes from the Latin 'certiorari [volumus]', meaning " [we wish] to be made more certain". It is the present passive infinitive of the Latin verb 'certioro, certiorare' ("to inform, apprise, show"). In English common law, it was a supervisory writ, serving to keep "all inferior jurisdictions within the bounds of their authority, protecting the liberty of the subject, by speedy and summary interposition".
In the 19th century, as English legal principles were transplanted to India, the writ of certiorari became an integral part of the Indian legal system. The High Courts, established in various regions, were empowered to issue this writ to correct errors of jurisdiction or law. The Government of India Act 1935 granted expanded powers to the Federal Court and the High Courts, authorising them to issue certiorari to enforce fundamental rights and review decisions of inferior courts.
In the Indian legal system, the writ of certiorari is issued by the Supreme Court and High Courts to lower courts or tribunals. It is a corrective writ that gives special emphasis to correcting errors in the record. The Supreme Court and High Courts have the power to issue a writ of certiorari against inferior or lower courts for not maintaining the rights of individuals as outlined in the Constitution.
In other countries, the writ of certiorari has also evolved in its usage and application. With the expansion of administrative law in the 19th and 20th centuries, it has gained broader use in many countries, including the United States, to review the decisions of administrative bodies and lower courts. In the US, it was historically used by lower courts for judicial review of decisions made by administrative agencies after adversarial hearings. While some states have retained this usage, others have replaced it with statutory procedures. In federal courts, this use of certiorari has been replaced by a civil action under the Administrative Procedure Act.
In Australia and Canada, the power to issue certiorari is part of the inherent jurisdiction of superior courts, although it is rarely used in Canada. In New Zealand, the Supreme Court has inherent jurisdiction to issue certiorari to control inferior courts and tribunals. The Philippines has adapted the extraordinary writ of certiorari in civil actions under its Rules of Court, as the procedure to seek judicial review from the Supreme Court of the Philippines.
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