- Point 1 states that there must be a tribunal or officer with legal authority to determine rights and having a duty to act judicially. This establishes the type of body against which the writ can be issued – one that performs judicial or quasi-judicial functions. - Point 2 states that such body has acted without jurisdiction or in excess of jurisdiction. This is a primary ground for issuing certiorari; the body must have transgressed the limits of its legal authority.
Which of the following conditions is/are necessary for the issue of a writ of certiorari in India? 1. There should be a tribunal or an officer having legal authority to determine questions affecting rights of subjects and having a duty to act judicially. 2. Such tribunal or officer has acted without jurisdiction. Select the correct answer using the code given below.
Asked in UPSC CDS 1 2023 · Topic: The Supreme Court (Writ Jurisdiction)
More Indian Polity and Governance questions
- Which one of the following conditions laid down in the Constitution of India for the issue of a writ of Quo-Warranto is not correct ?
- Which one of the following is not the necessary condition for the issue of a writ of Quo Warranto?
- In the Indian judicial system, writs are issued by
- When any official does not perform his duty, High Court/Supreme Court can issue which writ ?
- Writs can be issued for the enforcement of Fundamental Rights by :
- Mandamus is a writ issued by the Apex Court:
- Consider the following statements concerning the powers of the Supreme Court to issue certain writs to stop violation of Fundamental Rights - Which of the above mentioned statement/statements is/are correct? Select the correct answer from the code given below - (1) The Supreme Court has power to issue writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari which is appropriate for the enforcement of Fundamental Rights. (2) Parliament may by law empower any other court to exercise within its jurisdiction the powers given to Supreme Court.
- With reference to India, consider the following statements : 1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail. 2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court. Which of the statements given above is/are correct?