Certiorari
Latin: To be certified, or to be more fully informed
Also called: Writ of certiorari
A writ by which a superior court calls up the record of an inferior court, tribunal or authority and quashes a decision made without jurisdiction, against natural justice, or with an error of law apparent on the record.
Explained
Certiorari is one of the five prerogative writs named in the Constitution. Article 32(2) empowers the Supreme Court, and Article 226 empowers every High Court, to issue directions, orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. Under Article 32 the writ issues only for enforcement of fundamental rights, while under Article 226 it may also issue for any other purpose. Article 139 allows Parliament by law to confer on the Supreme Court power to issue such writs for purposes other than those in Article 32(2).
The writ is corrective. It brings up the record of a decision already made by a subordinate court, tribunal or authority and quashes it. The settled grounds are lack or excess of jurisdiction, failure to exercise jurisdiction, violation of the principles of natural justice, and an error of law apparent on the face of the record. In Syed Yakoob v. K.S. Radhakrishnan (1963) the Supreme Court held that certiorari is supervisory and not appellate: the High Court cannot review findings of fact reached on evidence, unless the tribunal excluded admissible evidence, admitted inadmissible evidence that influenced the finding, or reached a finding on no evidence.
Certiorari is closely related to prohibition. Prohibition issues while proceedings are still pending, to stop the inferior body from continuing in excess of jurisdiction; certiorari issues after a decision, to quash it. Where proceedings are partly done, both may issue together. Certiorari was historically confined to bodies acting judicially or quasi-judicially, but Indian courts now use it against administrative action that affects rights where the decision is reviewable. It does not lie against a private individual, and it is not used to correct a mere error of fact or a debatable view of law.
Examiners test the Articles conferring the power, the grounds of the writ, the timing contrast with prohibition and the limits laid down in Syed Yakoob.
What the law says
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
Supreme Court power to issue certiorari for fundamental rights
[(1) Notwithstanding anything in article 32 ***, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including [writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.]
(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.
[(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without—
High Court power to issue certiorari
Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32.
Parliament may widen Supreme Court writ power
Example
For example, if a tribunal decides a dispute without hearing the party whose rights are affected, the High Court may issue certiorari under Article 226 to quash the decision for breach of natural justice.
For the exam
- Issued by the Supreme Court under Article 32 and by High Courts under Article 226.
- Article 139: Parliament may widen the Supreme Court's writ power beyond Article 32(2).
- Grounds: want or excess of jurisdiction, natural justice, error of law apparent on the record.
- Prohibition is preventive and issues during proceedings; certiorari quashes a decision made.
- Supervisory, not appellate: no reappraisal of facts (Syed Yakoob, 1963).
28 questions in the Law Maker question bank use this maxim. Practise Constitutional Law questions
Related terms
- MandamusA writ commanding a public authority, body or official to perform a public or statutory duty that it has failed or refused to perform. Issued under Articles 32 and 226.
- Habeas corpusA writ directing a person or authority holding someone in custody to produce him before the court and show lawful authority for the detention, failing which he is set free. Issued under Articles 32 and 226.
- Quo warrantoBy what authority. A writ requiring the holder of a public office to show the legal authority under which he holds it, and removing him if he has none.
- Audi alteram partemA rule of natural justice that no one should be condemned unheard: a person affected by a decision must have notice of the case and a fair chance to answer it.
- Ultra viresBeyond the powers. An act, rule or law made in excess of the authority conferred by the Constitution, the parent statute or a company's memorandum is ultra vires and void.
- Locus standiThe right of a person to bring an action or be heard before a court, traditionally limited to a person aggrieved, and relaxed in India for public interest litigation.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.