WRIT OF CERTIORARI

WRIT OF CERTIORARI

Author:- ANUSHA SHRIVASTAVA, LAW GRADUATE 

Introduction

In the legal landscape, a writ serves as a formal directive from a court, granted under its legal authority. It empowers individuals or entities to petition the court for specific relief through an application. In India, the Constitution provides citizens with the ability to seek various types of writs, including Habeas corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. This article will focus on the writ of Certiorari and its significance in Indian law.

Understanding Certiorari

The term "certiorari" carries the connotation of being "informed" or "certified" about something. Generally, a higher court issues this writ to a lower court to either transfer a pending case to the higher court or nullify a rendered judgment. However, in a landmark ruling in 1991, the Supreme Court of India extended the application of certiorari to administrative bodies if their decisions infringed upon individual rights.

Two key principles govern the issuance of certiorari:

1. Appellate Powers: When a High Court grants certiorari, it does not assume appellate powers. It does not reevaluate the evidence presented in the lower court's ruling. However, it may issue certiorari if the record clearly indicates an error of law. It is important to note that certiorari should not be casually invoked due to its status as a high prerogative writ.

2. Discretionary Remedy: The extraordinary remedy provided by Article 226 of the Indian Constitution is discretionary. The court issuing the writ has the flexibility to issue orders based on public interest and equity. While applying the law, the court may take into account equitable considerations. If equity demands deviating from a strict application of the law, the High Court must fulfil its duties by considering these equitable factors. This discretionary power prevents the High Court from becoming a typical appellate court.

In the case of T.C. Basappa, the Supreme Court established certiorari as an appropriate remedy in suitable cases, provided fundamental principles are honoured. The court emphasized that superior courts should not rehear cases and override findings when there is no legislative appeal, as it defeats the purpose and policy of the legislature. The purpose of certiorari is to confine inferior bodies within their jurisdiction and prevent irregular, illegal, or absent exercise of power, rather than correcting errors of fact or law made while properly exercising statutory powers.

Recent Judgment: Central Council for Research in Ayurvedic Sciences v. Bikartan Das

In 2023, the Supreme Court of India heard the case of Central Council for Research in Ayurvedic Sciences v. Bikartan Das. The Central Council filed a civil appeal challenging an order passed by the High Court of Orissa. The case centered around an employment retirement age benefits issue.

Initially, Bikartan Das received an unfavourable ruling from the Central Administrative Tribunal regarding the extension of retirement age benefits. The Tribunal denied Das the increased retirement age of 65 years that had been granted to doctors working under the Ministry of Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homeopathy (AYUSH). Displeased with the Tribunal's decision, Das filed a writ petition in the Orissa High Court, invoking its power of judicial review over administrative bodies.

The Orissa High Court re-examined the retirement age benefit issue and overturned the Tribunal's ruling. It held that Das was entitled to receive the higher retirement age applicable to AYUSH doctors. Dissatisfied with the High Court's intervention, the Central Council appealed to the Supreme Court.

The Supreme Court, consisting of the Chief Justice of India, Dr. D.Y. Chandrachud, and Justice J.B. Pardiwala, heard elaborate arguments from both sides. After careful consideration, the Supreme Court allowed the Central Council's appeal and set aside the High Court's order. The court ruled that the High Court's direction to provide the retirement age benefit to Das was unsustainable in law.

In addition to deciding the specific retirement age issue, the Supreme Court took the opportunity to discuss the scope of the High Court's power under Article 226 of the Indian Constitution to exercise extraordinary writ jurisdiction.

Conclusion

The recent judgment in the case of Central Council for Research in Ayurvedic Sciences v. Bikartan Das provided important guidance on the circumstances in which Article 226 can be properly invoked, especially regarding the issuance of certiorari writs to administrative bodies. The Supreme Court's ruling clarified the limits of certiorari and reinforced the principles governing its application.

By confining inferior bodies within their jurisdiction and preventing irregular, illegal, or absent exercise of power, the writ of certiorari plays a crucial role in ensuring justice and upholding the rule of law. As an extraordinary remedy, it maintains the balance between legal principles and equitable considerations.

The writ of certiorari serves as a powerful tool in the Indian legal system, allowing individuals and entities to seek redress against decisions that infringe upon their rights. It is through the proper invocation and application of this writ that the Indian judiciary can ensure the fair and just administration of justice.

Sources:

• LinkedIn Article 1

• LinkedIn Article 2

• [Additional Information] (Additional Information: A writ is a formal directive from a court pursuant to its legal authority. An individual or entity can petition the court to grant a specific writ by submitting an application. The Constitution of India empowers the seeking of such writs under Article 32 and Article 226., provides five types of writs to the citizens of India. Habeas corpus Mandamus Certiorari Prohibition Quo Warranto)