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Question

Consider the following statements:

1. The writ of Certiorari cannot been filed against the administrative authorities.
2. Locus Standi is not needed to file the Certiorari.

Which of the statements given above is/are correct?"

A

1 only
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B
2 only
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C
Both 1 and 2
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D
Neither 1 nor 2
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Solution

The correct option is D Neither 1 nor 2
Locus Standi is also needed.

Facts about Certiorari in India:
Pre-1991: Certiorari only against judicial and quasi-judicial authorities and not against administrative authorities
Post-1991: The Supreme Court ruled that certiorari can be used even against administrative authorities affecting the rights of individuals

It cannot be issued against legislative bodies and private individuals or bodies.

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