What is Certiorari?

By Balaji

Updated on: February 22nd, 2023

Certiorari means “to be informed” or “to be certified.” A higher court grants it to a lower court or tribunal either to transfer a case already on the lower court’s file to a higher court or to overturn a lower court’s decision on the matter. Certiorari is a legal process that seeks judicial review of a decision made by a lower court or government agency.

Table of content

1. Define Certiorari
2. What is Certiorari?

Define Certiorari

Certiorari is derived from the name of an English prerogative writ issued by a superior court to direct that the record of the lower court be sent to the superior court for review. With the help of this writ, the court directs another authority or lower court to refer the case that is now pending to a higher power or court.

The Supreme Court of India is given the authority to issue certiorari to enforce the fundamental rights guaranteed by Part III of the Constitution. In addition to the Supreme Court’s certiorari power, the Parliament of India has the authority to grant similar certiorari power to any other court to enforce fundamental rights.

In addition to the power to grant certiorari to protect fundamental rights, the Supreme Court and the High Courts all have the authority to grant certiorari to protect other legal rights.

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