In constitutional and administrative law, what is the literal meaning of the writ of certiorari issued by a higher court?

Difficulty: Medium

Correct Answer: To be certified or to be informed

Explanation:


Introduction / Context:
This question belongs to the area of Indian polity and constitutional law. It focuses on the literal meaning of one of the important writs that superior courts issue to control subordinate courts and tribunals. Aspirants for civil services, law entrance exams and other competitive tests should know both the purpose and the literal meaning of writs like habeas corpus, mandamus, prohibition, certiorari and quo warranto.


Given Data / Assumptions:

  • The writ under discussion is certiorari.
  • The question asks specifically for its literal meaning, not just its functional use.
  • Options include literal meanings of various other writs like mandamus and habeas corpus.


Concept / Approach:
Certiorari is a Latin term. Literally, it means to be certified or to be informed. As a writ, certiorari is issued by a higher court to a lower court or tribunal, either to transfer a case or to quash a decision when the lower body has acted without jurisdiction, exceeded jurisdiction or violated principles of natural justice. The other Latin terms used in writ jurisprudence are mandamus meaning we command, habeas corpus meaning to have the body of, and prohibition meaning to forbid. Recognising these standard meanings is the key to answering the question correctly.


Step-by-Step Solution:

Step 1: Recall the list of five main writs recognised in Indian constitutional law: habeas corpus, mandamus, prohibition, certiorari and quo warranto. Step 2: Match each writ with its literal Latin meaning. Step 3: Remember that mandamus means we command, habeas corpus means to have the body of and prohibition means to forbid. Step 4: Note that certiorari literally means to be certified or to be informed. Step 5: Select the option that exactly captures this meaning.


Verification / Alternative check:
An alternative memory aid is to link the literal meaning with the function. When a higher court issues certiorari, it asks to be informed and certified about the record of a case so it can review the decision of a lower court or tribunal. The idea of being certified or informed aligns logically with the process of calling for the records and possibly quashing the order. This association helps verify that the correct literal meaning for certiorari is to be certified or to be informed.


Why Other Options Are Wrong:
We command: This is the literal meaning of mandamus, another writ directing a public authority to perform its duty.

To have the body of: This is the literal meaning of habeas corpus, a writ to produce a person who is detained.

To forbid: This is the literal meaning of prohibition, which restrains a lower court from continuing a proceeding beyond its jurisdiction.


Common Pitfalls:
Students often mix up the meanings of different Latin terms. Confusion between certiorari and prohibition is particularly common because both involve higher courts supervising lower courts or tribunals. A good practice is to create a small table of writ names, their literal Latin meanings and their purpose, and revise it regularly. This helps in avoiding last minute confusion during the examination.


Final Answer:
The literal meaning of the writ of certiorari is to be certified or to be informed.

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