Definition
A writ issued by the Supreme Court or High Court to quash an order of an inferior court, tribunal, or quasi-judicial body that was passed without or in excess of jurisdiction, or in violation of natural justice.
Certiorari (Latin: 'to be informed, to be made certain') was historically a writ by which a superior court called for the record of an inferior court to examine it. In India, under Articles 32 and 226, certiorari is issued to quash decisions of inferior courts, tribunals, and quasi-judicial bodies that: (a) acted without jurisdiction; (b) exceeded jurisdiction; (c) violated natural justice (no hearing, biased adjudicator); or (d) made an error of law apparent on the face of the record. Unlike mandamus (which directs action), certiorari quashes — it nullifies the illegal order.
Statutory Definition
Article 226(2), Constitution of India: The power of High Courts to issue writs 'in the nature of certiorari' extends to any Government, corporation, or person within the territorial limits of the High Court. The scope of certiorari in India (under Article 226) is wider than the English certiorari — it covers errors of law on the face of the record, not just jurisdictional errors.
Etymology & Origin
Latin 'certiorari' (passive infinitive of 'certioro' — to be made more certain, to be informed). The historical writ began with words directing the lower court 'you are to be made certain' — commanding them to send up their record so the superior court could be 'made certain' of the lower court's proceedings.
Full Legal Analysis
Writ of Certiorari: Quashing Illegal Orders
Certiorari is the court's tool for eliminating unlawful decisions from the legal system. Where mandamus commands action, certiorari undoes action already taken. An inferior court, tribunal, or quasi-judicial body that acts without jurisdiction, violates natural justice, or makes a glaring error of law has its decision nullified by certiorari — as if it were never made. In India, certiorari has been developed by the Supreme Court into one of the most powerful writ remedies under Articles 32 and 226.
Grounds for Certiorari
- No jurisdiction: The inferior court had no authority to take up the matter at all.
- Excess of jurisdiction: The court had some authority but went beyond its permissible limits.
- Violation of natural justice: The affected party was not given a hearing (audi alteram partem) or the adjudicator was biased (nemo judex in causa sua).
- Error on the face of record: The legal error is visible on the face of the decision — the court cited the wrong provision, applied a wrong legal test, or reached a conclusion plainly contrary to law — without needing to look at extraneous material.
Certiorari Does Not Substitute on Merits
A crucial limitation: certiorari quashes but does not substitute the court's own decision for the quashed one. After quashing an order, the court typically remands the matter to the inferior court for fresh decision, this time in accordance with the law laid down by the High Court or Supreme Court. The superior court does not become a court of first instance merely because it exercises certiorari.
Certiorari vs. Appeal
Certiorari is supervisory — it goes to legality, jurisdiction, and natural justice. Appeal goes to merits — whether the decision was right on facts and law. A party cannot use certiorari to challenge a decision merely because they disagree with it; they must point to a jurisdictional error or violation of natural justice. This keeps the supervisory jurisdiction sharply focused on legality rather than becoming a backdoor appeal.
“Certiorari is the court's power to call in and quash. But it is not a power to decide afresh — it is a power to ensure that inferior courts stay within their limits and observe the rules of fair procedure.”
This Term in Indian Statutes
Constitution of India, 1950
"Every High Court shall have power to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, certiorari, and others."
High Court's certiorari jurisdiction under Article 226 — wider than English certiorari
