Political Science · Political Institutions in India
UGC NET January 2017 Political Science
Which one of the following statements is not correct regarding Certiorari?
AA High Court can issue a writ against itself in its administrative capacity
BA bench of a High Court can issue a writ to another bench of the same High Court ✓ Correct
CA High Court cannot issue a writ to another High Court
DA High Court can issue certiorari to a tribunal situated within its jurisdiction
Correct answer: (B) A bench of a High Court can issue a writ to another bench of the same High Court — The statement that a bench of a High Court can issue a writ to another bench of the same High Court is not correct, so it is the answer.
Explanation
★The statement that a bench of a High Court can issue a writ to another bench of the same High Court is not correct, so it is the answer.
★Certiorari, meaning to be certified, is a writ issued by a higher court to a lower court or an inferior judicial body.
★It directs the lower body to send the records of a case to the higher court for review, either to transfer a pending case or to quash a decision.
★It is issued against a lower court, tribunal or quasi-judicial authority, and one bench of a High Court is not subordinate to another bench.
★A High Court can issue certiorari to a tribunal situated within its territorial jurisdiction, so that statement is correct.
★A High Court cannot issue a writ to another High Court, which is a court of equal status.
★For NET, remember that certiorari and prohibition lie against bodies acting beyond their jurisdiction.
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