Certiorari Definition | Certiorari Meaning

Certiorari is a prerogative writ of superior court to call for the records of an inferior court or body acting in judicial or quasi-judicial capacity.  Different Constitutions enable the Supreme Court and the high courts respectively to issue orders, writs or directions in the nature of habeas corpus, mandamus, quo warranto, prohibition and certiorari.

The order or certiorari issues out of the High Court, and is directed to the Judge of other officer of an inferior court of record.  It requires that the record of the proceedings in some cause or mater pending before the inferior court shall be transmitted to a High Court to be there dealt with in order to ensure that the applicant for the order may have the more sure and speedy justice, It may be had in either civil or criminal proceedings.

An essential feature of a writ of certiorari is that the control over judicial or quasi-judicial tribunals or bodies is exercised not in an appellate but supervisory capacity.

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