By which of the following writs the Supreme Court and the High Courts may call for the record of a case from a lower court on an allegation of an excess of jurisdiction?
- AOption (a)
Certiorari
- BOption (b)
Prohibition
- COption (c)
Mandamus
- DOption (d)
Habeas Corpus
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Correct answer
Certiorari
Why this answer is correct
The correct answer is Certiorari.
Key Points
- The writ of Certiorari is issued by the Supreme Court or High Courts to a lower court or tribunal either to transfer a case pending with them to itself or to squash the order of the lower courts on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.
- This writ is a mechanism to ensure judicial review of administrative actions and to keep lower courts and tribunals within the bounds of their jurisdiction.
- It is not issued to administrative authorities, legislative bodies, and private individuals or bodies.
- The purpose of Certiorari is to ensure that the law is applied correctly and to prevent the miscarriage of justice due to jurisdictional errors.
Additional Information
| Option | Details |
|---|---|
| Prohibition | Issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction which it does not possess. |
| Mandamus | Command issued by the court to a lower court, tribunal, or public authority to perform a public or statutory duty. |
| Habeas Corpus | Means 'to have the body of'. It is an order by the court to a person who has detained another to produce the detainee before the court, to examine the legality of the detention. |