Certiorari is one of the five constitutional remedies that refers to the power of a higher court to review the decisions of a lower court or tribunal, and either affirm or set aside the decision. In India, the power of certiorari is exercised by the Supreme Court and the various High Courts, which have the authority to issue writs of certiorari in order to correct any errors of law or jurisdiction that may have occurred in the proceedings of a lower court.

The power of certiorari is an important aspect of the Indian legal system, as it allows for the review and correction of decisions made by lower courts and tribunals, ensuring that justice is served and that the rule of law is upheld. This power is exercised through the issuance of writs of certiorari, which are issued by the Supreme Court or a High Court upon the petition of a party who has been aggrieved by the decision of a lower court or tribunal.

The writ of certiorari is one of the five writs that are available under the Indian Constitution, and it is specifically designed to provide a remedy for errors of law or jurisdiction that may have occurred in the proceedings of a lower court or tribunal. In order to obtain a writ of certiorari, a party must show that the decision of the lower court or tribunal was made in error, and that this error has caused them some form of injury or hardship.

Short & Simple – Imagine you are playing a game with your friends and one of the rules is not followed. You can ask an adult, like a teacher or a parent, to come and help you fix the problem. This is similar to what happens in the court system when a person thinks that a rule was not followed in a case.
In India, there is a special court called the Supreme Court, which is like the teacher or parent in the game. If someone thinks that a rule was not followed in a court case, they can ask the Supreme Court to come and help fix the problem. This is called a writ of certiorari.
The Supreme Court will look at the case and decide if the rule was indeed not followed. If they think the rule was not followed, they can change the decision made in the case. This is similar to the adult in the game changing the rule that was not followed. If the Supreme Court thinks the rule was followed, they will keep the decision made in the case.

Process

The process for obtaining a writ of certiorari in India begins with the filing of a petition by the aggrieved party, who must provide evidence and arguments to support their claim that the decision of the lower court or tribunal was made in error. The petition is then reviewed by the Supreme Court or the relevant High Court, which will determine whether or not to grant the writ.

If the writ is granted, the Supreme Court or the High Court will review the decision of the lower court or tribunal and determine whether or not it was made in error. If the decision is found to be in error, the Supreme Court or the High Court will set it aside and issue a new decision in its place. If the decision is found to be correct, it will be affirmed, and the writ of certiorari will be dismissed.

The power of certiorari is an important safeguard in the Indian legal system, as it allows for the review and correction of decisions made by lower courts and tribunals, ensuring that justice is served and that the rule of law is upheld. It is a critical tool for ensuring that the rights and freedoms of individuals are protected, and that the decisions of the lower courts and tribunals are subject to review and oversight by the higher courts.

In addition to its role in the review and correction of decisions made by lower courts and tribunals, the power of certiorari is also an important tool for the enforcement of the rule of law in India. By issuing writs of certiorari, the Supreme Court and the High Courts can ensure that the decisions of lower courts and tribunals are in line with the principles and values of the Indian Constitution, and that the rights and freedoms of individuals are protected.

Here are a few landmark judgments on certiorari in India:

1. R.C. Cooper v. Union of India (1970): In this case, the Supreme Court upheld the power of certiorari, stating that it was an integral part of the Indian legal system and that it was essential for the protection of individual rights and freedoms.
2. S.P. Gupta v. President of India (1981): In this case, the Supreme Court ruled that the power of certiorari could be exercised by the High Courts as well as the Supreme Court, and that it could be used to review the decisions of a wide range of administrative bodies and tribunals.
3. State of Andhra Pradesh v. All India Manufacturers’ Organisation (1996): In this case, the Supreme Court ruled that the power of certiorari could be exercised to review the decisions of private bodies and associations, as long as they were performing public functions or had been granted statutory powers.
4. Mohd. Arif v. State of Haryana (2007): In this case, the Supreme Court ruled that the power of certiorari could be exercised to review the decisions of statutory bodies, even if they were not performing any public functions.
5. K.S. Puttaswamy v. Union of India (2017): In this case, the Supreme Court upheld the right to privacy as a fundamental right, and ruled that the power of certiorari could be exercised to review the decisions of the government or any other authority that violated an individual’s right to privacy.

Conclusion

The power of certiorari is an essential aspect of the Indian legal system, and it plays a vital role in ensuring that justice is served and that the rule of law is upheld. It is a critical tool for ensuring that the decisions of lower courts and tribunals are subject to review and oversight by the higher courts, and that the rights and freedoms of individuals are protected. As such, it is an important safeguard against the abuses of power and the abuse of the legal system, and it plays a vital role in ensuring that the rule of law is upheld in India.