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UPSC Indian Polity and Civics Fundamental Rights and Duties Question Bank Fundamental Rights, Fundamental Duties and Directive Principles of State Policy

  • question_answer
    Which of the following statements regarding writ of certiorari is/are correct?
    1. There should be court, tribunal or an officer having legal authority to determine the questions of deciding Fundamental Rights with a duty to act judicially.
    2. Write of certiorari is available during me tendency of proceedings before a subordinate court.
    Select the correct answer using the codes given below

    A) Only 1              

    B) Only 2

    C) Both 1 and 2                 

    D) Neither 1 nor 2

    Correct Answer: B

    Solution :

    If a lower court or tribunal gives its decision but based on wrong jurisdiction the affected party can move this writ to a higher court like Supreme Court or High Court. The writ of certiorari issued to subordinate judicial or quasi judicial body when they act. Without or in excess of jurisdiction In violation of the prescribed procedure In contravention of principles of natural justice Resulting in an error of law apparent on the face of record.


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