What are the Grounds of the writ of certiorari

The writ of certiorari is a judicial writ issued by a higher court to a lower court, ordering the latter to send up the record of a particular case for review. The writ of certiorari is discretionary, meaning that the higher court is not required to issue it. The grounds on which a writ of certiorari may be issued vary from jurisdiction to jurisdiction, but they generally include the following:

• Lack of jurisdiction: 

The lower court may have lacked jurisdiction to hear the case in the first place. This could be because the court did not have the authority to hear the type of case involved, or because the case did not fall within the court's geographic jurisdiction.

• Excess of jurisdiction: 

The lower court may have exceeded its jurisdiction by hearing a case that it was not authorized to hear. This could happen if the court tried a case that was outside of its subject-matter jurisdiction, or if it tried a case that was outside of its geographic jurisdiction.

• Error of law: 

The lower court may have made an error of law in its decision. This could happen if the court applied the wrong law to the facts of the case, or if it misinterpreted the law.

• Violation of the principles of natural justice: 

The lower court may have violated the principles of natural justice, which are the fundamental rules of fairness that must be followed in all legal proceedings. This could happen if the court denied the parties a fair hearing, or if it failed to give the parties notice of the proceedings.

In addition to these grounds, a writ of certiorari may also be issued if the higher court believes that the case is of sufficient importance to warrant review. This is known as the "certiorari jurisdiction" or "discretionary jurisdiction." The higher court will consider a number of factors in deciding whether to grant certiorari, including the importance of the issue presented by the case, the likelihood that the higher court will reach a different conclusion than the lower court, and the impact that the case will have on the law.

FAQs about the writ of certiorari

• What is a writ of certiorari?

A writ of certiorari is a judicial writ issued by a higher court to a lower court, ordering the latter to send up the record of a particular case for review. The writ of certiorari is discretionary, meaning that the higher court is not required to issue it.

• What are the grounds on which a writ of certiorari may be issued?

The grounds on which a writ of certiorari may be issued vary from jurisdiction to jurisdiction, but they generally include the following:


* Lack of jurisdiction * Excess of jurisdiction * Error of law * Violation of the principles of natural justice * Importance of the issue presented by the case * Likelihood that the higher court will reach a different conclusion than the lower court * Impact that the case will have on the law

• What is the process for obtaining a writ of certiorari?

The process for obtaining a writ of certiorari typically begins with the filing of a petition for a writ of certiorari with the higher court. The petition must set forth the grounds on which the writ is sought, and it must also include a brief in support of the petition. The lower court will then be given an opportunity to respond to the petition. After the lower court has responded, the higher court will decide whether to grant the writ.

• How long does it take to obtain a writ of certiorari?

The time it takes to obtain a writ of certiorari can vary depending on the jurisdiction. In the United States, the Supreme Court typically takes about 6 months to decide whether to grant a writ of certiorari.

• What happens if a writ of certiorari is granted?

If a writ of certiorari is granted, the higher court will review the record of the case from the lower court. The higher court may then affirm the lower court's decision, reverse the lower court's decision, or remand the case back to the lower court for further proceedings.

I hope this answers your questions about the writ of certiorari. Let me know if you have any other questions.