CS Executive · Jurisprudence, Interpretation and General Laws · Constitution of India
A tribunal decides a dispute while clearly exceeding the jurisdiction given to it by statute. Aggrieved, the company approaches the High Court seeking to have the tribunal's order set aside. Which writ fits best?
Certiorari is the best fit. It is issued to quash an order already passed by a lower court or tribunal that acted without or beyond its jurisdiction. Prohibition would apply only while the proceedings are still pending, to stop them.
- AProhibition
- BCertiorariCorrect
- CMandamus
- DHabeas corpus
Explanation
Certiorari is issued after the decision to quash an order made by a lower court or tribunal acting without or in excess of jurisdiction. Prohibition is also aimed at excess of jurisdiction but is issued while proceedings are pending to stop them, so it does not fit once the order has been passed.
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