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1. What is certiorari and when is it granted?
Ans. Grant of certiorari (or “cert grant”): The Supreme Court grants certiorari when it decides, at the request of a party challenging the decision of a lower court, to review the merits of the case. At least four justices must vote to grant certiorari in a case.
2. What is writ of certiorari in India?
Ans. Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority. There are several conditions necessary for the issue of writ of certiorari .
3. What is the difference between a writ of certiorari and a writ of mandamus?
Ans. What is the difference between writ of mandamus and writ of certiorari? The two have little in common other than being court orders. A writ of certiorary is an order by a higher court for a lower court to send a case they had before them up to the higher court (including the records). ... meaning they will hear a case.
4. Who can file a writ petition under Article 32?
Ans. Under Article 32, a writ petition can be filed in the Supreme Court. The Supreme Court can issue a writ only if the petitioner can prove that his Fundamental Right has been infringed.
5. What is the difference between article 32 and 226?
Ans. Article 32 is a fundamental right which empowers the Supreme court to issue direction, order, and writs. Article 226 is the constitutional right which empowers High court to issue a direction, order, and writs for enforcement of fundamental rights and other legal rights.
6. What is the difference between writ and appeal?
Ans. What is the difference between a writ petition and appeal in high court? A writ petition is filed in the High Court or Supreme Court for enforcement of fundamental and statutory rights of a person. ... An appeal is a petition in which a party challenges the order passed by a subordinate court before the higher court.
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