Which of the following conditions is/are necessary for the issue of a writ of certiorari in India? 1. There should be a tribunal or an officer, having legal authority to determine questions affecting rights of subjects and having a duty to act judicially. 2. Such tribunal or officer has acted without jurisdiction. Select the correct answer using the code given below.

The writ of certiorari is issued by a higher court to a lower court or tribunal to quash an order based on jurisdictional errors or legal flaws [1]. For this writ to be issued, certain conditions must be met. First, there must be a body or officer with legal authority to determine questions affecting the rights of subjects, and they must have a duty to act judicially or quasi-judicially [1]. Historically, certiorari was restricted to judicial and quasi-judicial authorities and was not available against purely administrative bodies [1]. Second, the writ is issued when such a tribunal or officer has acted without jurisdiction, in excess of jurisdiction, or in violation of the principles of natural justice [2]. Additionally, it can be issued if there is an error of law apparent on the face of the record, even if the tribunal acted within its jurisdiction [2]. Therefore, both statements provided are necessary conditions.

Sources

1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > Certiorari > p. 99
2. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Scope of the Writs: I. Habeas corpus. > p. 159