A writ of certiorari is a type of writ, which specifically seeks a judicial review; the action, in modern times, currently necessitates the issuance of an order by a higher court to direct a lower court, a public authority or tribunal to send the record in a given case for review. Grounds of The Writ of Mandamus The writ of mandamus can be issued o the following grounds: I. First Published: March 10, 2013 Last Updated:December 24, 2018 Anything that is issued under an authority is a writ. Mandamus cannot be issued to a private person or company with private obligations. . Similarly Article 226 of the Constitution is conferred on the High Courts to exercise its prerogative writs which can be issued against any person or body of person including the government. A warrant is also a type of writ.
Th e writ of certiorari can be issued against the inferior court or tribunal, eg: a writ petition filed in the high court can be issued against lower district courts. This writ orders to transfer a case or suit from inferior court to superior court. When a Magistrate did not report the arrest to the Government of the Province as was required under Section 3 2 of the Punjab Safety Act, 1947, the detention was held illegal. This writ of command is issued by the Supreme Court of High court when any government, court, corporation or any public authority has to do a public duty but fail to do so. This is generally done because superior court believes that either the inferior court had no jurisdiction or committed an error of law.
This writ is applicable to the public offices only and not to private offices. The Supreme Court delineated the distinction between quasi judicial and administrative authority. The jurisdiction of the High Courts under Art 226 is wider than that of the Supreme Court under Art 32. The discretionary powers have to be curbed, if they are misused or abused. The decision should be guided by rule of law and it should not be based on whims, fancy and humour.
Supreme Court heard all cases brought before it as a matter of right, which is to say it was bound to review each case on its merits, hear oral , and issue a decision. Question s of Law State in brief the questions of law involved 3. Where the action is discretionary, the discretion has to be exercised on certain principles; the authority exercising the discretion has mandatory duty to decide in each case whether it is proper to exercise its discretion. The court then examines the reason of his detention and if there is no legal justification of his detention, he can be set free. The writ of mandamus can be issued if the public authority vested with power abuses the power or acts mala fide to it. Mandamus literally means a command.
Union of India, and also by the adoption of forty-fourth amendment to the Constitution. The law of writs has its origin from the orders passed by the King's Bench in England. Habeas corpus writ is applicable to preventive detention also. For example, the writ can be filed if the person holding the post of Advocate General does not have a legitimate right to it. A writ can be filed only if your fundamental rights are being violated. In this connection an important case, Ratlam Municipality v. If any inferior court or tribunal has passed an order in violation of rules of natural justice, or in want of jurisdiction, or there is an error apparent on the face of proceeding, the proper remedy so through the writ of certiorari.
It was held that the High Court was not justified in going into question of contractual obligations in a writ petition. If the court thinks that the public authority has failed to perform its duty, the court may issue the writ of mandamus. An order in the nature of mandamus is not made against a private individual. Practical example is the case of the Kanchi Shankaracharya who got entangled in a criminal case. They no longer find the face of the Sphinx inscrutable.
A writ of certiorari is corrective in nature. Formerly these writs were issued only to judicial and quasi-judicial bodies. For example , when a body omits to decide a matter which it is bound to decide , it can be commanded to decide the same. It is a mess when you arrive as Meeru, Akbar etc taxi companies are changing currency. Now, the appropriate High Court has a right to issue a Writ of quo-warranto against the person and declare the office vacant.
Further Read: Who can help you? The purposes for which a writ may be issued are as: a For the enforcement of fundamental rights. The Ratlam Municipality neglected to discharge the statutory duties. In the case of Sheela Bharse v. Quo Warranto writ is issued against the person of public who occupies the public seat without any qualification for the appointment. Habeas corpus case in India example One of the most famous Habeas corpus case filed in India was at the time of Emergency, in Kerala High Court The first Habeas corpus case in the history of Kerala. It is generally issued before the trial of the case or during the pendency of the proceeding but before the order is made. Grounds Grounds on which petitioner is seeking relief 4.