Remedies in judicial review (certiorari, mandamus, prohibition, injunction, declaration)
🔹 1. CERTIORARI
Definition: A writ issued by a higher court to a lower court or tribunal to quash its order if it acted without or in excess of jurisdiction, or in violation of natural justice.
✅ Case Law 1: R. v. Northumberland Compensation Appeal Tribunal, ex parte Shaw [1952]
Facts: A local authority wrongly reduced compensation due to misinterpretation of the law.
Held: The Queen's Bench Division issued certiorari to quash the decision, holding that legal errors are reviewable.
Principle: Certiorari can be issued to quash administrative orders made without jurisdiction or in legal error.
✅ Case Law 2: Syed Yakoob v. K.S. Radhakrishnan, AIR 1964 SC 477
Facts: An election tribunal’s decision was challenged.
Held: The Supreme Court stated that certiorari can be issued if the tribunal acts in excess of its jurisdiction or violates principles of natural justice.
Principle: Errors of law apparent on the face of the record justify issuance of certiorari.
🔹 2. MANDAMUS
Definition: A writ commanding a public official, tribunal, or body to perform a public/legal duty imposed on it.
✅ Case Law 3: Lekhraj Sathramdas Lalvani v. N.M. Shah, Dy. Custodian, AIR 1966 SC 334
Facts: Custodian failed to perform a statutory duty.
Held: The Supreme Court granted mandamus as the officer failed to discharge a mandatory duty.
Principle: Mandamus lies to compel performance of a statutory duty by public authorities.
✅ Case Law 4: State of Madhya Pradesh v. Mandawar, AIR 1954 SC 493
Facts: A person claimed entitlement to salary.
Held: Mandamus was denied because the petitioner had an alternative remedy.
Principle: Mandamus is not issued if there is an adequate alternative legal remedy available.
🔹 3. PROHIBITION
Definition: A writ issued by a superior court to a lower court or tribunal, directing it to stop proceedings in a case where it has no jurisdiction.
✅ Case Law 5: East India Commercial Co. Ltd. v. Collector of Customs, AIR 1962 SC 1893
Facts: Customs authorities acted beyond jurisdiction under the Sea Customs Act.
Held: The Supreme Court stated prohibition can be issued when authorities act without or in excess of jurisdiction.
Principle: Prohibition prevents excess jurisdiction and judicial overreach by tribunals or quasi-judicial bodies.
🔹 4. INJUNCTION
Definition: A court order restraining a party from doing a specific act. In judicial review, mostly used to restrain government action.
✅ Case Law 6: Gujarat State Financial Corporation v. Lotus Hotels, AIR 1983 SC 848
Facts: GSFC backed out of a financial agreement illegally.
Held: The court issued an injunction to restrain arbitrary state action, emphasizing fairness under Article 14.
Principle: Courts can issue injunctions against state instrumentalities to prevent arbitrary or unfair actions.
🔹 5. DECLARATION
Definition: A formal statement by the court about the legal status, rights, or obligations of parties, without ordering any specific action.
✅ Case Law 7: K.P. Varghese v. Income Tax Officer, AIR 1981 SC 1922
Facts: Tax law was being misinterpreted by the ITO.
Held: The Supreme Court declared the correct interpretation of the law and quashed the wrong interpretation.
Principle: A declaration clarifies legal rights and interpretation without necessarily commanding action.
Summary Table
| Remedy | Purpose | Key Case | Principle Established |
|---|---|---|---|
| Certiorari | Quash orders of inferior courts/tribunals | Syed Yakoob | Errors of law/jurisdiction are reviewable |
| Mandamus | Compel public authority to perform a duty | Lekhraj Sathramdas Lalvani | Mandatory duties must be performed |
| Prohibition | Stop judicial/quasi-judicial bodies from acting unlawfully | East India Commercial Co. | Prevents excess jurisdiction |
| Injunction | Prevent public authority from illegal/unauthorized action | GSFC v. Lotus Hotels | Prevents arbitrary state action |
| Declaration | Clarify legal position/rights | K.P. Varghese v. ITO | Interprets rights and status without coercive command |
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