Which of the following statements is are correct 1 Certiorari is a writ which is issued by a superio...........

Indian Polity Fundamental Rights

Which of the following statements is/are correct?

1.Certiorari is a writ which is issued by a superior court against the orders of an inferior court or tribunal.

2.Writ of prohibition is issued while deciding the legality of an ongoing proceeding before a Lower Court/Tribunal/Authority.

3.Both writs are supervisory in nature and the Writ Court can decide the case by considering all the issues raised by the parties.

4.Theobject of both writs is to secure that the jurisdiction of an inferior court or tribunal is properly exercised and that it does not usurp the jurisdiction which it does not possess.

Select the correct answer using the code given below.

1 and 2 Only

3 and 4 Only

1,2 and 3 Only

All of the above

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Explanation:

Certiorari is a writ which is issued by a superior courtagainst the orders of an inferior court or tribunal. It is issued if an order has been obtained by
fraud or collusion or there is an error in the order even though acted within the jurisdiction. The writ of prohibition is a writ issued by the Supreme Court or a High Court for bidding the inferior court to continue proceedings therein in excess of its jurisdiction or to usurp a jurisdiction with which it
is not legally vested. Writ of prohibition is issued while deciding the legality of an ongoing proceeding before a Lower Court/tribunal/Authority. The object of both writs is to secure that the jurisdiction of an inferior court or tribunal is properly exercised and that it does not usurp the jurisdiction which it does not possess.