Nature and scope certiorari means to certify it is so

Nature and Scope
'Certiorari' means ‘to certify’. It is so named as in its original Latin form it required “the
judges of any inferior court of record to certify the record of any matter in that court with
all things touching the same and to send it to the King's Court to be examined.” It is an
order issued by the High Court to an inferior court or any authority exercising judicial or
quasi-judicial functions to investigate and decide the legality and validity of the orders
passed by it.
Object
The object of the writ of certiorari is to keep inferior courts and quasi-judicial authorities
within the limits of their jurisdiction; and if they act in excess of their jurisdiction their
decisions can be quashed by superior courts by issuing this writ.
Certiorari in this sense is a ‘great corrective writ’ by which superior courts (Supreme
Court and High Courts) exercise supervisory jurisdiction over inferior courts, tribunals
boards, authorities and officers exercising judicial and quasi-judicial powers and by
which their records and proceedings are brought under review with the sole object that all

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abuses of powers may be corrected and they may be prevented from transcending powers
conferred upon them.
Conditions
In R. v. Electricity Commrs., Lord Atkin observed: “Whenever any body of persons
having legal authority to determine questions affecting the rights of subjects and having
the duty to act judicially, act in excess of their legal authority they are subject to the
controlling jurisdiction of the King's Bench Division exercised in these writs.”
From these observations, it becomes clear that a writ of Certiorari can be issued if the
following conditions are fulfilled:
1. Judicial or quasi-judicial body must have legal authority;
2. Such authority must have power to determine questions affecting rights of
subjects;
3. It must have duty to act judicially; and
4. It must have acted in excess of such authority.
Grounds
A writ of certiorari may be issued on the following grounds:
1. Error of Jurisdiction - When an inferior court or tribunal acts without jurisdiction,
or in excess of its jurisdiction or fails to exercise jurisdiction vested in it by law, a
writ of certiorari may be issued against it.
2. Jurisdictional Fact - Lack of jurisdiction may also arise from absence of some
preliminary facts, which must exist before a tribunal exercises its jurisdiction.
3. Error apparent on the face of the record - If there is an error of law, which is
apparent on the face of the record, a decision of an inferior court or a tribunal may
be quashed by a writ of certiorari. But an error of fact, however grave it may
appear to be cannot be corrected by a writ of certiorari. Where two views are
possible, if an inferior court or tribunal has taken one view, it cannot be corrected
by a writ of certiorari.