BharatNotes Certiorari
nounUPSC confused pair — don't mix up with Mandamus
Usage in a UPSC answer
When an administrative tribunal acts beyond its conferred jurisdiction or breaches the principles of natural justice, the High Court, exercising its powers under Article 226, may issue a writ of certiorari to quash the impugned order and uphold the rule of law.
Synonyms
Antonyms
Word Family
certiorari (n), certiorari petition (n compound), writ of certiorari (n compound)
Root
Law Latin certiorārī = to be informed/made certain; Latin certiorāre = to certify; Latin certus = certain; 15th-c. common law
Etymology
From Law Latin certiorārī ("to be informed, to be made certain"), from certiorāre ("to certify, inform"), from certus ("certain, sure"); the full original phrase was certiorārī volumus ("we wish to be informed"), dating to 15th-century English common law.
Memory Hook
Think "CERTAIN to RE-view" — certiorari shares its root with "certain" (Latin certus); the higher court calls up the record to make certain the lower court got it right.
How This Word Works in UPSC Writing
The writ by which a superior court calls up the record of a subordinate body and quashes its order. Its mechanics distinguish it from the neighbouring remedies. The court summons the record and, finding a defect, sets aside what was decided, so it operates after the event, whereas prohibition restrains a body from proceeding further and therefore operates before. The grounds are settled: want or excess of jurisdiction, violation of the principles of natural justice, and an error of law apparent on the face of the record. That last ground is deliberately narrow, because certiorari is not an appeal, and the court neither substitutes its own view of the merits nor re-appreciates the evidence, which is the distinction most often blurred. It lies against judicial and quasi-judicial authorities, and its reach over purely administrative action has widened as that boundary softened. Under Article 32 it issues only to enforce fundamental rights, while Article 226 permits it for any legal right, so a High Court's writ jurisdiction is the wider.
Don’t Confuse It With
Certiorari quashes an order already made, while prohibition prevents a body from continuing with a matter, so they differ in timing rather than in underlying principle. An appeal re-examines the merits, whereas certiorari reviews legality alone and cannot be used to re-argue the facts. Natural justice requires a hearing and an unbiased decision-maker, and its breach is a standing ground for the writ. Article 32 is confined to fundamental rights while Article 226 extends to any legal right, which makes the High Court's jurisdiction broader than the Supreme Court's in this respect.
Hindi Meaning
उत्प्रेषण (utpreshan); प्रतिषेध (pratishedh) for prohibition.
Common Questions
- What is the difference between certiorari and prohibition?
- Certiorari quashes an order that has already been made, while prohibition stops a body from proceeding further with a matter before it decides.
- Is certiorari an appeal?
- No. It reviews only legality, on grounds of jurisdiction, natural justice or an error of law apparent on the record, and does not re-examine the merits or re-appreciate evidence.
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