Writ of Certiorari: Meaning, Grounds and How the High Court Issues It
Quick Answer
A writ of certiorari is an order by which a High Court or the Supreme Court quashes the decision of a lower court, tribunal, or authority that has acted without jurisdiction, in excess of jurisdiction, or in breach of the principles of natural justice, or where there is an error of law apparent o…
A writ of certiorari is an order by which a High Court or the Supreme Court quashes the decision of a lower court, tribunal, or authority that has acted without jurisdiction, in excess of jurisdiction, or in breach of the principles of natural justice, or where there is an error of law apparent on the face of the record. The word means to be certified or informed, and the higher court calls up the record and sets aside the flawed order.
Certiorari is one of the five writs available under Article 226 of the Constitution before a High Court, and under Article 32 before the Supreme Court. For people in Uttar Pradesh, it is filed before the Allahabad High Court, including its Lucknow Bench. This guide explains what certiorari means, the grounds on which it is granted, and how it differs from the other writs, drawing on our writ practice before the High Court.
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What a Writ of Certiorari Does
Certiorari is corrective. It does not decide the dispute afresh; it removes a defective order so that the matter can be dealt with lawfully. The court examines whether the authority below had the power to act and whether it acted fairly.
- Quashes a bad order: The High Court sets aside the order of a lower court, tribunal, or authority.
- Calls up the record: The higher court examines the record of the proceedings that led to the order.
- Acts on jurisdiction and fairness, not merits: Certiorari corrects jurisdictional errors, breaches of natural justice, and errors of law apparent on the record, not ordinary errors of fact.
Because it is a constitutional remedy, certiorari is available even where a statute provides no appeal, which is why it is so important against tribunals and administrative authorities. Where the grievance is against a service or disciplinary order, it often overlaps with our service and job dispute work.
Grounds on Which Certiorari Is Granted
A writ of certiorari is not granted for every wrong order. The recognised grounds are settled by long-standing constitutional law.
| Ground | What it means |
|---|---|
| Want of jurisdiction | The authority had no power to pass the order at all |
| Excess of jurisdiction | The authority had some power but went beyond it |
| Breach of natural justice | No fair hearing, or a biased decision-maker |
| Error of law apparent on the face of the record | A clear legal error visible from the record itself, not requiring long argument |
The remedy is discretionary, so the High Court also considers delay, the availability of an alternative remedy, and the conduct of the petitioner. A well-drafted petition that pins the order to one of these grounds has the best chance. For the meaning of terms used here, see our legal glossary.
Certiorari Compared With the Other Writs
Certiorari is one of five writs, and choosing the right one, or the right combination, is part of the strategy.
| Writ | Purpose |
|---|---|
| Certiorari | Quashes an order already passed by a lower court or authority |
| Prohibition | Stops a lower court or authority from continuing proceedings it has no power to hear |
| Mandamus | Commands an authority to perform a public duty it has failed to perform |
| Habeas corpus | Secures the release of a person unlawfully detained |
| Quo warranto | Questions the authority of a person holding a public office |
Certiorari and prohibition are often sought together, one to quash what has been done and the other to stop what is being done. In practice, the petition is filed under Article 226 before the High Court. Our note on the writ petition before the Allahabad High Court explains the procedure and the Lucknow Bench position.
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About the Author
Advocate Onkar Pandey (Bar Council of UP enrolment number UP 4825-1999) practises before the Allahabad High Court, Lucknow Bench, with a focus on writ petitions, service and disciplinary matters, and constitutional remedies across Lucknow and the wider Awadh region. He regularly files writs of certiorari and prohibition to quash orders of tribunals and authorities that act without jurisdiction or in breach of natural justice.
Chamber A-406, High Court, Lucknow, Awadh Bar, UP 226001. Phone +91 98392 71553. Email advonpandey@gmail.com. This article is general legal information and not a substitute for advice on your specific facts. To discuss a writ petition, please use the contact page.
Frequently Asked Questions
What is a writ of certiorari in simple words?+
A writ of certiorari is an order by which a High Court or the Supreme Court quashes the decision of a lower court, tribunal, or authority. The higher court calls up the record and sets aside an order passed without jurisdiction, in excess of jurisdiction, in breach of natural justice, or with an error of law apparent on the record.
Under which article is a writ of certiorari filed?+
It is filed under Article 226 of the Constitution before a High Court, and under Article 32 before the Supreme Court. In Uttar Pradesh, it is filed before the Allahabad High Court, including its Lucknow Bench.
What are the grounds for a writ of certiorari?+
The recognised grounds are want of jurisdiction, excess of jurisdiction, breach of the principles of natural justice, and an error of law apparent on the face of the record. The remedy is discretionary, so delay and the availability of an alternative remedy are also considered.
What is the difference between certiorari and prohibition?+
Certiorari quashes an order that has already been passed, while prohibition stops a court or authority from continuing proceedings it has no power to hear. They are often sought together, one to undo what is done and the other to stop what is being done.
Can certiorari be used when there is no appeal?+
Yes. Because certiorari is a constitutional remedy under Article 226, it can be available even where the statute provides no appeal, which makes it important against tribunals and administrative authorities. However, the High Court may decline it if an adequate alternative remedy exists.
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Disclaimer: This article is for general information purposes only and does not constitute legal advice. Every case is unique and requires specific legal analysis. For advice specific to your situation, please consult Advocate Onkar Pandey or another qualified attorney in Lucknow.