Is writ of certiorari in the Constitution?
A discretionary remedy used in judicial review available in the original jurisdiction of the High Court under section 75(v) of the Constitution, in the Federal Court under section 39B(1) of the Judiciary Act 1903 (Cth) and to a limited extent in some state courts.
What is Article 226 of the Indian constitution?
Enshrined under Part V of the Constitution of India, Article 226 provides the High Courts with the power to issue writs, including writs in the form of habeas corpus, mandamus, prohibition, quo warranto, certiorari, or any of them, to any person or authority, including the government.
What is the Article 139?
Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32.
What is the rule of certiorari?
In the Supreme Court, if four Justices agree to review the case, then the Court will hear the case. This is referred to as “granting certiorari,” often abbreviated as “cert.” If four Justices do not agree to review the case, the Court will not hear the case.
What is the purpose of writ of certiorari?
Writs of Certiorari This is a request that the Supreme Court order a lower court to send up the record of the case for review.
What is the purpose of a writ of certiorari?
What is the literal meaning of a writ of certiorari?
Certiorari The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case.
What are the writs of the Supreme Court of India?
The Constitution of India has provided the power to issue Writs to the Supreme Court under Article 32 and to High Courts under Article 226. These Writs are a command which is given by the Courts for the performance of an act to the public authority which has a duty to perform it.
Can a writ of certiorari be issued against the Madras Government?
The Madras High Court in 1929 and again in 1940 in Chettiar v. Secretary to the Government of Madras,  held that a writ of certiorari would not lie against Madras Government. The Assam High Court has held that the writ of certiorari will be issued to an authority or body of persons who are under a duty to act judicially.
Can a writ of certiorari be issued to quash an act?
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. A writ of certiorari can never be issued to call for the record or papers and proceedings of an Act or Ordinance and for quashing such an Act or Ordinance.