Certiorari
/ser-shoh-RAR-ee/
To be certified — a writ quashing the decision of an inferior court or tribunal that has acted without jurisdiction or in violation of natural justice.
Full Definition
Certiorari (Latin: 'to be made more certain' or 'to be certified') is a writ issued by a superior court to quash the order, decision, or proceedings of an inferior court, tribunal, or quasi-judicial body. It lies when: (1) the inferior court acted without jurisdiction or exceeded its jurisdiction; (2) there is an error of law apparent on the face of the record; (3) principles of natural justice (audi alteram partem, nemo judex) were violated. Unlike mandamus (which commands action), certiorari annuls/quashes an already-made decision.
In Indian Law
Available under Articles 32 and 226. The Supreme Court in T.C. Basappa v. T. Nagappa (1954) expanded certiorari to quash orders that are 'manifestly contrary to the statute.' The landmark Supervisory Jurisdiction case (Article 227) gives High Courts broader power of superintendence over subordinate courts — often used alongside certiorari.
Landmark Cases
T.C. Basappa v. T. Nagappa (1954) — Scope of certiorari in India
Surya Dev Rai v. Ram Chander Rai (2003) — Certiorari vs supervisory jurisdiction
Frequently Asked Questions
What is the difference between certiorari and appeal?
An appeal is a continuation of the original proceedings — the court can review facts and law. Certiorari quashes the lower court's order on limited grounds (jurisdiction, natural justice, legal error on record) — it does not retry the case.