Definition
A petition filed before a superior court seeking a writ of certiorari — directing an inferior court or quasi-judicial authority to send up the record of proceedings for review, so that the superior court can quash an order made in excess of jurisdiction or in violation of natural justice.
A certiorari petition calls up the record from an inferior court or quasi-judicial tribunal and, if an error is found, quashes the impugned order. Grounds for certiorari: (a) excess or absence of jurisdiction — the inferior tribunal acted beyond its authority or where it had no authority; (b) error of law apparent on the face of the record — a clear legal error visible in the record itself; (c) violation of natural justice — the principles of audi alteram partem or nemo judex in causa sua were violated; (d) jurisdictional error of law — a legal error that goes to the jurisdiction of the tribunal. Certiorari is a corrective writ — it corrects what has been done wrongly, unlike prohibition (which prevents what is about to be done wrongly).
Statutory Definition
Article 226(1), Constitution of India: power to issue writs including 'certiorari' — applied to quash orders of inferior courts and quasi-judicial authorities. The scope in India is wider than in English law: courts have applied certiorari to a broad range of administrative and quasi-judicial decisions, not limiting it strictly to courts. Section 397 CrPC (now Section 438 BNSS) — revision jurisdiction of High Courts is the statutory equivalent for criminal courts.
Etymology & Origin
Latin 'certiorari' (to be informed, to be certified) — past passive infinitive of 'certioriare' (to certify, to inform). The writ 'seeks to be informed' — it requires the inferior court to send up its record so the superior court can examine it.
Full Legal Analysis
Certiorari Petition: Correcting the Inferior Court’s Record
Certiorari is the corrective writ — it reaches into the record of an inferior court or tribunal, examines it for errors of jurisdiction or natural justice, and if errors are found, sets aside the order. It is called 'to be certified' because the superior court requires the inferior court to 'certify' and send up its record — the superior court reviews the actual record, not merely arguments about it.
Certiorari vs. Prohibition: Timing
(a) Certiorari: Corrective — issued after an order has already been made; it quashes the order that was wrongly made. (b) Prohibition: Preventive — issued while proceedings are still pending; it prevents an order from being made that would exceed jurisdiction. In practice: prohibition is sought during pending proceedings to stop them; certiorari is sought after an order is made to quash it. The two may be sought together where proceedings have partly concluded but more steps remain.
Scope: Judicial, Quasi-Judicial, Administrative
The scope of certiorari has expanded significantly in Indian law: (a) Traditional courts: Magistrates, Sessions Courts, District Courts exercising civil and criminal jurisdiction — quashing jurisdictional errors. (b) Quasi-judicial bodies: NCLT, COMPAT, SAT, SEBI, income tax appellate authority — where decisions affect legal rights and require a hearing. (c) Administrative bodies with judicial functions: Bodies that determine facts, apply law, and affect rights — certiorari-type review under Article 226 even if they are not strictly courts. The test: does the body have legal authority to determine questions affecting rights, with an obligation to act judicially?
“Certiorari is the court asking: what did the inferior court do and did it have the right to do it? When the answer is no — when jurisdiction was exceeded or natural justice was violated — certiorari quashes the order and requires the matter to be decided afresh, correctly.”
