Aulinee Sen, Symbiosis Law School, Pune
ABSTRACT
Thanks to the various precedents, the higher judiciary enjoys mostly unbridled powers when it comes to the writ of Certiorari, leading to the concept of ‘Separation of Powers’ to turn into mere documentary piece instead of a practical one. Concerns have piled up stating that the courts have been taking a wrong mixture of cases, hearing too few of them and relying on their law clerks instead of their own parlance for the certiorari process. This paper aims to give an overview of how the writ petitions especially those of Certiorari allow the court to interfere with the workings of the executive. It would aim to provide an overview of Certiorari, Relevance of Administrative Reforms and Constitutional Dialogues to Certiorari, and a comparative study of the same. The author would also try to provide few solutions by the end of this article.
Keywords: Certiorari, Separation of Power, Constitutional Dialogue, Constitution, Executive
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