Which one of the following writs is issued by a higher court asking the lower court to send the reco...........

Indian Polity (Easy) Judicial System

Which one of the following writs is issued by a higher court asking the lower court to send the record of a particular case to it on the ground that it is not competent to decide the case:

Habeas Corpus

Quo Warranto

Certiorari

Mandamus

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Explanation:

Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority. There are several conditions necessary for the issue of writ of certiorari .

There should be court, tribunal or an officer having legal authority to determine the question with a duty to act judicially.
Such a court, tribunal or officer must have passed an order acting without jurisdiction or in excess of the judicial authority vested by law in such court, tribunal or officer.
The order could also be against the principles of natural justice or the order could contain an error of judgment in appreciating the facts of the case.

Hence option 3rd is correct.