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Consider the following statements regarding the writ of Certiorari:
1. It is issued by a higher court to a lower court to transfer a case pending with the latter to itself or to quash the order of the latter in a case.
2. It can be issued against judicial as well as administrative authorities affecting the rights of individuals.
Which of the statements given above is/are correct?
1. It is issued by a higher court to a lower court to transfer a case pending with the latter to itself or to quash the order of the latter in a case.
2. It can be issued against judicial as well as administrative authorities affecting the rights of individuals.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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Verified Answer
Consider the following statements regarding the writ of Certiorari:1. ...
• Certiorari: In the literal sense, it means ‘to be certified’ or ‘to be informed’. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to quash the order of the latter in a case. It is issued on the grounds of the excess of jurisdiction or lack of jurisdiction or error of law. Thus, unlike prohibition, which is only preventive, certiorari is both preventive as well as curative. Hence statement 1 is correct.
• Previously, the writ of certiorari could be issued only against judicial and quasi -judicial authorities and not against administrative authorities. However, in 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting the rights of individuals. Like prohibition, certiorari is also not available against legislative bodies and private individuals or bodies. Hence statement 2 is correct.
• Previously, the writ of certiorari could be issued only against judicial and quasi -judicial authorities and not against administrative authorities. However, in 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting the rights of individuals. Like prohibition, certiorari is also not available against legislative bodies and private individuals or bodies. Hence statement 2 is correct.
Most Upvoted Answer
Consider the following statements regarding the writ of Certiorari:1. ...
Writ of Certiorari:
The writ of certiorari is a legal order issued by a higher court to a lower court, tribunal, or public authority, directing them to transfer a case pending with the latter to itself or to quash the order of the latter in a case. It is an important judicial remedy that ensures the proper administration of justice and protects the rights of individuals.
Statement 1: It is issued by a higher court to a lower court to transfer a case pending with the latter to itself or to quash the order of the latter in a case.
This statement is correct. The writ of certiorari is primarily used to bring a case from a lower court to a higher court for review. It allows the higher court to examine the proceedings of the lower court and determine whether there are any errors of law or jurisdiction that need to be corrected. If the higher court finds that the lower court has made an error, it can quash the order and either remand the case back to the lower court or decide the case itself.
Statement 2: It can be issued against judicial as well as administrative authorities affecting the rights of individuals.
This statement is also correct. The writ of certiorari can be issued against both judicial and administrative authorities. It is not limited to cases involving judicial decisions but can also be used to review the decisions of administrative bodies or tribunals. This ensures that the actions of these authorities do not violate the rights of individuals and are in accordance with the law.
Conclusion:
Both statements are correct. The writ of certiorari is a valuable legal tool that allows a higher court to review the proceedings of a lower court or administrative authority. It can be used to transfer a case from a lower court to a higher court or to quash the order of the lower court or authority. This ensures that justice is properly administered and the rights of individuals are protected.
The writ of certiorari is a legal order issued by a higher court to a lower court, tribunal, or public authority, directing them to transfer a case pending with the latter to itself or to quash the order of the latter in a case. It is an important judicial remedy that ensures the proper administration of justice and protects the rights of individuals.
Statement 1: It is issued by a higher court to a lower court to transfer a case pending with the latter to itself or to quash the order of the latter in a case.
This statement is correct. The writ of certiorari is primarily used to bring a case from a lower court to a higher court for review. It allows the higher court to examine the proceedings of the lower court and determine whether there are any errors of law or jurisdiction that need to be corrected. If the higher court finds that the lower court has made an error, it can quash the order and either remand the case back to the lower court or decide the case itself.
Statement 2: It can be issued against judicial as well as administrative authorities affecting the rights of individuals.
This statement is also correct. The writ of certiorari can be issued against both judicial and administrative authorities. It is not limited to cases involving judicial decisions but can also be used to review the decisions of administrative bodies or tribunals. This ensures that the actions of these authorities do not violate the rights of individuals and are in accordance with the law.
Conclusion:
Both statements are correct. The writ of certiorari is a valuable legal tool that allows a higher court to review the proceedings of a lower court or administrative authority. It can be used to transfer a case from a lower court to a higher court or to quash the order of the lower court or authority. This ensures that justice is properly administered and the rights of individuals are protected.
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Consider the following statements regarding the writ of Certiorari:1. It is issued by a higher court to a lower court to transfer a case pending with the latter to itself or to quash the order of the latter in a case.2. It can be issued against judicial as well as administrative authorities affecting the rights of individuals.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements regarding the writ of Certiorari:1. It is issued by a higher court to a lower court to transfer a case pending with the latter to itself or to quash the order of the latter in a case.2. It can be issued against judicial as well as administrative authorities affecting the rights of individuals.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding the writ of Certiorari:1. It is issued by a higher court to a lower court to transfer a case pending with the latter to itself or to quash the order of the latter in a case.2. It can be issued against judicial as well as administrative authorities affecting the rights of individuals.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding the writ of Certiorari:1. It is issued by a higher court to a lower court to transfer a case pending with the latter to itself or to quash the order of the latter in a case.2. It can be issued against judicial as well as administrative authorities affecting the rights of individuals.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
Consider the following statements regarding the writ of Certiorari:1. It is issued by a higher court to a lower court to transfer a case pending with the latter to itself or to quash the order of the latter in a case.2. It can be issued against judicial as well as administrative authorities affecting the rights of individuals.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding the writ of Certiorari:1. It is issued by a higher court to a lower court to transfer a case pending with the latter to itself or to quash the order of the latter in a case.2. It can be issued against judicial as well as administrative authorities affecting the rights of individuals.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding the writ of Certiorari:1. It is issued by a higher court to a lower court to transfer a case pending with the latter to itself or to quash the order of the latter in a case.2. It can be issued against judicial as well as administrative authorities affecting the rights of individuals.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
Solutions for Consider the following statements regarding the writ of Certiorari:1. It is issued by a higher court to a lower court to transfer a case pending with the latter to itself or to quash the order of the latter in a case.2. It can be issued against judicial as well as administrative authorities affecting the rights of individuals.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
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