Question

What does the writ of Certiorari mean?
A) it is issued when an officeholder is found to misuse his duties
B) it is issued when a court wants to order a lower court or similar authority to transfer some matter pending before it to other courts or other authorities
C) it is issued by higher courts when they find that lower courts have made judgments beyond their powers of jurisdiction
D) it is issued when the court finds that the officeholder is illegally holding that position

Answer 1

Hint: A writ is a formal written order issued by a body with administrative or judicial power, which is usually a court in modern use. Warrants, prerogative writs, and subpoenas are the most common sorts of writs, although there are many others.

Complete answer:
A Supreme or high court issues a Writ of Certiorari to a lower court or tribunal to transfer the case to it or to another higher authority for due consideration. Parties that are dissatisfied with a lower court's judgement must petition the Supreme Court to consider their case. The most common method of petitioning the court for review is to request a writ of certiorari.

The Supreme Court is being asked to require a lower court to bring up the case's record for review. The Court is typically not obligated to consider these matters, and it only does so if the issue has national relevance, might reconcile conflicting federal Circuit court rulings, and/or could be precedent-setting. In actuality, the Court only accepts 100-150 of the almost 7,000 cases it receives each year. Typically, the Court considers matters that have been resolved by an appropriate United States Court of Appeals or a state's highest court (if the state court decided a Constitutional issue).

The Supreme Court operates under its own set of guidelines. To accept a case, four of the nine Justices must vote in favour of it. In order to grant a delay, five of the nine Justices must vote, for example, in a death sentence case. In some cases, a single Justice may grant a stay pending the Court's review.

So, a writ of certiorari is issued when a court wants to order a lower court or similar authority to transfer some matter pending before it to other courts or other authorities.


Thus, the correct answer is Option B. It is issued when a court wants to order a lower court or similar authority to transfer some matter pending before it to other courts or other authorities.

Note: The Supreme Court and the High Courts of Judicature of all Indian states have jurisdiction to issue "prerogative writs" under the Indian legal system. The Constitution of India contains the rules governing writs.