Consider the following about writ of Certiorari 1 It is issued by a higher court to a lower court or...........

Indian Polity Judiciary

Consider the following about writ of Certiorari:

1. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.

2. Unike prohibition, certiorari is both preventive and curative.

3. It cannot be issued against administrative authorities affecting rights of individuals.

Which of the above statements are correct?

1 and 2 Only

1 and 3 Only

3 Only

All of the above

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Explanation:

It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.

Unlike prohibition, which is only preventive, certiorari is both preventive as well as curative.

In 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting rights of individuals.
Like prohibition, certiorari is also not available against legislative bodies and private individuals or bodies.