Political Science · Political Institutions in India
UGC NET December 2019 Political Science
On which of the following grounds can the Writ of Certiorari be issued by the Judiciary?
- I. Lack of jurisdiction
- II. Locus standi
- III. Excess of jurisdiction
- IV. Error of law
AI, II and III
BI, II and IV
CI and II
DI and III ✓ Correct
Correct answer: (D) I and III — Certiorari can be issued on the grounds of lack of jurisdiction and excess of jurisdiction, so the answer is statements one and three.
Explanation
★Certiorari can be issued on the grounds of lack of jurisdiction and excess of jurisdiction, so the answer is statements one and three.
★Certiorari, meaning to be certified, is issued by a higher court to a lower court or tribunal.
★It is used to transfer a pending case to the higher court or to quash a decision already made.
★It ensures that the lower court or tribunal has not exceeded its jurisdiction or acted without jurisdiction.
★Locus standi refers to the standing to bring a case and is not a ground for issuing certiorari.
★Certiorari is a key instrument of judicial review over inferior judicial and quasi-judicial bodies.
★For NET, link certiorari and prohibition with the control of jurisdictional errors of lower bodies.
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