Question Details

Certiorari comes under the:

Options

A

right against exploitation

B

right to religious freedom

C

right to constitutional remedies

D

right to equality

Show Answer

Correct Answer :

Option C

right to constitutional remedies

Solution :

The correct option is right to constitutional remedies.


Step-by-Step Explanation:

1. Understanding Certiorari: Certiorari is a legal writ issued by a higher court (such as the Supreme Court or a High Court in India) to a lower court, tribunal, or quasi-judicial body to quash an order already passed by it if that order was made without jurisdiction, in excess of jurisdiction, or in violation of the principles of natural justice.


2. Constitutional Framework: In the Constitution of India, the power to issue writs including Habeas Corpus, Mandamus, Prohibition, Quo-Warranto, and Certiorari is provided under Article 32 (for the Supreme Court) and Article 226 (for High Courts).


3. Right to Constitutional Remedies: Article 32 guarantees the Right to Constitutional Remedies, allowing citizens to move the Supreme Court for the enforcement of their Fundamental Rights. Therefore, the writ of Certiorari directly falls under the Right to Constitutional Remedies.

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