Writ of prohibition
Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
A writ of prohibition is an order from a higher court, either the Supreme Court or a High Court, to a lower court or tribunal. It stops the lower body from hearing a case it has no jurisdiction (legal power) over. It is preventive: it is issued while the case is still going on, before a final order. It can be issued only against bodies that act like courts. It cannot be issued against purely administrative bodies.
Example
Suppose a tribunal set up only for service matters starts hearing a land dispute. The affected party can ask the High Court for a writ of prohibition. The writ orders the tribunal to stop before it gives a decision it has no power to give.
Don't confuse with
- Certiorari: means "to be certified". It is corrective. It is issued after a lower court, tribunal or authority has passed an order, either to cancel that order or to move the case to the higher court. Prohibition stops the case before an order is made.
Related concepts
- Right to constitutional remedies
- Writ
- Habeas corpus
- Mandamus
- Certiorari
- Quo warranto
- Writ jurisdiction of High Courts
- Compensatory jurisprudence