SSC Indian Polity and Civics Sample Paper NCERT Sample Paper-6

  • question_answer
    Writ of Certiorari means

    A)  An order to produce the body of a person            

    B)  A writ issued by a superior court calling up the record of a proceeding in an inferior court for review

    C)  An order from the superior court to any official to show his right to the office

    D)  An order from a higher court to stop proceedings in a certain case                                        

    Correct Answer: B

    Solution :

    [b] Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority. There are several conditions necessary for the issue of writ of certiorari.
    1. There should be court, tribunal or an officer having legal authority to determine the question with a duty to act
    2. Judicially.
    3. Such a court, tribunal or officer must have passed an order acting without jurisdiction or in excess of the judicial authority vested by law in such court, tribunal or officer.
    4. The order could also be against the principles of natural justice or the order could contain an error of judgment in appreciating the facts of the case.

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