All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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89.

If a Quasi-judicial authority violates the principles of natural justice, the appropriate writ would be

A: Mandamus
B: Habeas Corpus
C: Quo warranto
D: Certiorari

The answer is: D

Explanation

The appropriate writ for a quasi-judicial authority that violates the principles of natural justice would be certiorari.

 This is because certiorari is a writ issued by a superior court to a lower court or a quasi-judicial body to quash or correct its decision or order that is illegal, erroneous, or exceeds its jurisdiction. The principles of natural justice are the basic rules of fair hearing and decision-making, such as the rule against bias, the rule of audi alteram partem (hear the other side), and the rule of reasoned decision. If a quasi-judicial authority violates these principles, it commits a grave error of law and justice, and its decision or order can be challenged by a writ of certiorari in a higher court.

For example, in Syed Yakoob v. K.S. Radhakrishnan & Ors., the Supreme Court held that certiorari can be issued if the quasi-judicial authority has acted in violation of the principles of natural justice, or has made a mistake apparent on the face of the record, or has acted without jurisdiction or in excess of it.

Option A is incorrect because mandamus is a writ issued by a superior court to a lower court or a public authority to compel it to perform its duty or to act in accordance with the law. Mandamus is not used to quash or correct an erroneous decision or order, but to enforce a legal right or obligation.

Option B is incorrect because habeas corpus is a writ issued by a court to a person who has detained another person unlawfully, to produce the detainee before the court and justify the detention. Habeas corpus is used to protect personal liberty and prevent illegal detention, not to quash or correct an erroneous decision or order.

Option C is incorrect because quo warranto is a writ issued by a court to a person who occupies a public office without legal authority, to show by what authority he holds the office. Quo warranto is used to prevent usurpation of public office and ensure that only qualified persons hold it, not to quash or correct an erroneous decision or order.