Writ of Certiorari and Right to Legal Remedy

Abstract

A writ of Certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals; where orders are passed by inferior courts or tribunals without Jurisdiction, or is in excess of it, or as a result of failure to exercise jurisdiction. The whole object of a writ of certiorari is to bring up the records of the inferior court or other quasi judicial body for examination by the superior court so that the latter may be satisfied that the inferior court or the quasi judicial body has not gone beyond its jurisdiction and has exercised its jurisdiction within the limits fixed by the law. The supervision of the High Court through certiorari is on two points: one is jurisdiction and other is the observance of law in the course of exercise of power. But the High Court cannot issue certiorari by entering upon the merits of the controversial facts. This would be the cloak of appeal in disguise. However right to legal remedy under certiorari is a fundamental right and on several occasions it has been held that writ of certiorari has been issued despite the fact that the aggrieved party had other adequate legal remedies. This paper explores to find out as whether writ of certiorari is available when right to appeal or alternate remedy exists.