The prohibition writ stops a lower court or tribunal from continuing proceedings that exceed its legal jurisdiction, acting before a final order is passed.
At a glance
A writ ordering a lower court or tribunal to stop proceedings that exceed the jurisdiction legally conferred on it.
One of the five writs in Article 32(2) and Article 226, issued before a final order is passed.
It is the preventive counterpart to certiorari, stopping jurisdictional overreach before it produces a decision that must later be undone.
The prohibition writ is an order issued by a higher court directing a lower court, tribunal, or quasi-judicial authority to stop proceedings that go beyond the jurisdiction legally conferred on it. It is a preventive remedy — it operates while a matter is still pending, before any final order has been passed, and its whole purpose is to keep an inferior body inside the boundaries the law has drawn for it.
Constitutional Basis
Prohibition is named among the five writs in Article 32(2), which empowers the Supreme Court to issue it, along with habeas corpus, mandamus, quo warranto and certiorari, for enforcing the Fundamental Rights guaranteed in Part III. Article 226 confers the identical power on every High Court, and further permits the writ to be used for any other purpose beyond Fundamental Rights, so a High Court can restrain a jurisdictional overreach even where no fundamental right is directly involved.
What Triggers Prohibition
The writ is available when a lower court or tribunal has taken up, or is about to take up, a matter that falls outside the jurisdiction the law has given it — for instance, hearing a case its enabling statute does not authorise it to hear. The higher court steps in before the inferior body reaches a final decision, ordering it to stop the proceedings altogether. Because the writ acts at this early stage, it prevents the waste and disruption that would follow if a decision were allowed to be made and then had to be undone later.
Prohibition and Certiorari, Side by Side
Prohibition is frequently studied alongside certiorari because both address the same underlying problem — a court or tribunal exceeding its jurisdiction — but at different moments:
| Feature | Prohibition | Certiorari |
|---|---|---|
| When issued | Before the final order | After the final order |
| What it does | Halts ongoing proceedings | Quashes a completed order |
| Character | Preventive | Corrective |
A useful way to remember the pair: prohibition stops something from happening; certiorari undoes something that has already happened.
Who Can Be Restrained
The writ traditionally applies to bodies exercising judicial or quasi-judicial functions — subordinate courts, tribunals, and statutory authorities deciding disputes between parties. The essential requirement is that the body has acted, or is on the verge of acting, in excess of the powers the law has actually given it.
UPSC Relevance
Prelims
- Prohibition is one of the five writs under Article 32/226 — remember it is preventive, issued before a final order.
- A frequent objective-question trap is confusing prohibition with certiorari; fix the timing distinction (before vs after the order) firmly.
Mains
- Discuss prohibition's role in maintaining the jurisdictional boundaries between courts, tribunals, and quasi-judicial authorities (GS2, Polity and Governance).
- Analyse how preventive writs like prohibition reduce the burden of correcting jurisdictional errors after the fact.
FAQ
What does the writ of prohibition do? It orders a lower court, tribunal, or quasi-judicial authority to stop proceedings that exceed the jurisdiction legally given to it.
When is prohibition issued, relative to a final order? Before a final order is passed — it is a preventive remedy that halts proceedings while a matter is still pending.
How is prohibition different from certiorari? Prohibition stops proceedings before a final order is made; certiorari quashes an order that has already been passed. One is preventive, the other corrective.
Which authorities can issue a writ of prohibition? The Supreme Court under Article 32, for enforcement of Fundamental Rights, and any High Court under Article 226, for Fundamental Rights and for any other purpose.
Against whom is prohibition typically issued? Against subordinate courts, tribunals, and other authorities exercising judicial or quasi-judicial functions that are acting, or about to act, beyond their jurisdiction.
Quick Revision
- Prohibition = preventive writ; stops proceedings before a final order is passed.
- Basis: Article 32 (Supreme Court) and Article 226 (High Courts).
- Ground: a lower court/tribunal acting, or about to act, in excess of its jurisdiction.
- Certiorari is its corrective counterpart, issued after the order.
- Applies to courts, tribunals, and quasi-judicial authorities.
Sources
- The Constitution of India, Article 32 and Article 226 — legislative.gov.in
Further Reference
For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:
- M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
- D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
- The Constitution of India — Bare Act — the official text.
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Constitutional provisions
Supreme Court's power to issue prohibition for enforcement of Fundamental Rights.
High Courts' power to issue prohibition for Fundamental Rights and any other purpose.