Difference Between Writ of Prohibition and Certiorari
📘 Difference Between Writ of Prohibition and Writ of Certiorari
🔹 What are Writs?
Writs are extraordinary remedies issued by High Courts under Article 226 and the Supreme Court under Article 32 of the Indian Constitution for the enforcement of Fundamental Rights and to ensure that public authorities act within their legal bounds.
There are five types of writs:
Habeas Corpus
Mandamus
Prohibition
Certiorari
Quo-Warranto
Here, we focus on Prohibition and Certiorari, which are supervisory writs used to control judicial and quasi-judicial bodies.
🧾 1. Writ of Prohibition
✅ Meaning:
The writ of Prohibition is issued by a superior court (like the High Court or Supreme Court) to a lower court, tribunal, or authority preventing it from continuing with a proceeding that is outside its jurisdiction or violates the law.
✅ Purpose:
To stop proceedings in progress.
Prevent judicial overreach or ultra vires actions.
✅ When Issued:
When a lower court or tribunal is:
Acting without jurisdiction,
Acting in excess of jurisdiction,
Violating principles of natural justice.
✅ Stage:
Before the order is passed or proceedings are completed.
Preventive in nature.
✅ Example:
If a tribunal tries to adjudicate a criminal offence, which it is not empowered to do, the High Court may issue a writ of Prohibition.
✅ Key Case Law:
🏛️ East India Commercial Co. Ltd. v. Collector of Customs (1962)
Held: Writ of Prohibition can be issued to prevent a quasi-judicial body from exceeding its authority.
🏛️ Calcutta Dock Labour Board v. Jaffar Imam (1965)
The Supreme Court clarified that Prohibition lies only to judicial and quasi-judicial bodies, not administrative authorities.
🧾 2. Writ of Certiorari
✅ Meaning:
The writ of Certiorari is issued by a superior court to a lower court or tribunal to quash an order or decision already passed which is illegal or passed without jurisdiction.
✅ Purpose:
To correct an error of law committed by a lower court or tribunal.
Acts as a curative remedy.
✅ When Issued:
When an authority:
Acts without jurisdiction
Violates principles of natural justice
Commits an error of law apparent on the face of the record
✅ Stage:
After the decision or order has been passed.
Corrective in nature.
✅ Example:
If a tribunal gives a judgment without giving the parties a fair hearing, the High Court may issue Certiorari to quash that judgment.
✅ Key Case Law:
🏛️ T.C. Basappa v. T. Nagappa (1954)
Held: Certiorari can be issued to correct an error of law committed by a judicial or quasi-judicial authority.
🏛️ Rafiq Khan v. State of U.P. (1959)
Certiorari was issued to quash an illegal decision passed by a tribunal that had no authority to try the case.
🆚 3. Difference Between Prohibition and Certiorari
| Basis | Writ of Prohibition | Writ of Certiorari |
|---|---|---|
| Meaning | Prevents lower court/tribunal from continuing | Quashes order already passed by lower court/tribunal |
| Nature | Preventive | Corrective |
| Time of Issue | Before the final order is passed | After the final order is passed |
| Scope | To stop ultra vires or illegal proceedings | To nullify an illegal order or decision |
| Issued To | Judicial or quasi-judicial bodies | Judicial or quasi-judicial bodies |
| Purpose | To prevent abuse of jurisdiction | To correct abuse of jurisdiction |
| Example | Stopping a tribunal from trying a criminal case | Quashing a tribunal’s judgment passed without hearing |
| Case Law | East India Commercial Co. | T.C. Basappa v. T. Nagappa |
📌 4. Similarities Between the Two
Both are issued by High Courts or the Supreme Court.
Applicable against judicial and quasi-judicial authorities.
Ensure that authorities act within the bounds of law.
Not available against purely administrative or private bodies.
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