What is a writ of Certiorari and when it is issued by the Hon’ble High Court-
- Certiorari is an extra ordinary common remedy to curb excess of jurisdiction, to keep the inferior courts and Tribunals with in their bounds.
- In a writ of certiorari the Hon’ble High Court reviews the proceedings and Judgments of inferior courts and Tribunals clothed with authority to act judicially,
- Certiorari is practically the main method of judicial control. In certiorari, the orders of the subordinate courts or Tribunals are quashed by the Hon’ble High Court, if, the said orders are in violation of Principle of Natural Justice, against the procedure prescribed by the statute or otherwise illegal/ultra vires.
When Writ of certiorari issued by the Hon’ble High Court, Allahabad –
- Certiorari will be issued for correcting errors of jurisdiction, as when an inferior court or Tribunal acts without jurisdiction or in excess of it.
- Certiorari will also be issued when the Court or Tribunal acts illegally in the exercise of its undoubted jurisdiction, as when it decides without giving an opportunity to the parties to be heard, or violates the principle of Natural Justice.
- The Court issuing a writ of certiorari acts in exercise of a supervisory and not appellate jurisdiction. One consequence of this is that the Hon’ble High Court will not review findings of fact reached by the inferior court or tribunal, even if, they be erroneous.
- A writ of certiorari can be issued where in exercise in jurisdiction conferred on it, the Hon’ble High Court or Tribunal acts illegally or improperly for instance where the procedure adopted in dealing with the dispute is contrary to the procedure provided in the statute.
- A writ of certiorari can also be issued where it is shown that the subordinate Court or Tribunal in recording a finding has erroneously refused to admit admissible and material evidence, or had erroneously admitted in admissible evidence which has influenced the finding recorded by the Court or Tribunal. Similarly, if a finding of fact is based on no evidence, that would be regarded as an error of law which can be correct by a writ of certiorari.
- The writ of certiorari can also be issued where the Tribunal has disabled itself from reaching a fair decision by some considerations extraneous to the evidence and the merits of the case or where its conclusion on the very face of it is so wholly arbitrary and capricious that no reasonable person can ever have arrived at that conclusion, interference under Article 226 of the Constitution of India would be justified.
Judicial review of administrative action, when permissible ?
A writ of certiorari can be issued against an administrative action only when the Hon’ble High Court comes to the conclusion that the decision maker has not understood the law correctly that regulates his decision making power or when it is found that the decision of the decision maker is vitiated by irrationality and that too on the principle of “Wednesbury unreasonableness” or unless it is found that there has been a procedural impropriety in decision making process.
A writ of prohibition would be issued when it tribunal or authority has not yet concluded its proceeding.