Introduction
The writ of Prohibition is a preventive remedy used by higher courts to control lower courts and tribunals. It ensures that such bodies do not act beyond their legal powers.
It is based on the idea that stopping a wrong action early is better than correcting it later.
Meaning / Definition
Prohibition is a writ issued by a higher court to a lower court or tribunal directing it to stop proceedings when it is acting beyond its jurisdiction (legal authority).
Key points:
- It is issued before the final order is passed
- It prevents misuse or excess use of power
- It maintains proper limits of authority between courts
Modes or Types
Grounds for issue of Prohibition
- Absence of jurisdiction (no legal power)
- Excess of jurisdiction (acting beyond legal power)
- Violation of natural justice (fair hearing, unbiased decision)
- Unconstitutionality of a law (law against the Constitution)
- Violation of Fundamental Rights
Nature of writ
- Preventive in nature (stops action before harm is done)
- Issued during pending proceedings
Against whom it can be issued
- Lower courts
- Tribunals
- Judicial or quasi-judicial authorities (bodies that act like courts)
Important Case Law
East India Commercial Co. Ltd. v. Collector of Customs
The Court issued a writ of Prohibition to stop proceedings of a tribunal acting beyond its jurisdiction.
Bengal Immunity Co. Ltd. v. State of Bihar
The Supreme Court held that if a tribunal assumes jurisdiction which it does not have, the writ of Prohibition must be issued.
Distinction / Comparison
Prohibition vs Certiorari
| Basis | Prohibition | Certiorari |
|---|---|---|
| Stage | Before final order | After final order |
| Nature | Preventive | Corrective |
| Purpose | Stop proceedings | Quash (cancel) decision |
Prohibition stops the process, while Certiorari cancels the result.
Practical Example
If a tax tribunal starts deciding a matter which legally belongs to a civil court:
- A writ of Prohibition can be filed.
- The higher court will stop the tribunal from continuing the case.
Summary
- Prohibition is a writ to stop lower courts or tribunals from exceeding their powers
- It is preventive in nature and issued before final decision
- Grounds include lack of jurisdiction, violation of natural justice, and unconstitutional laws
- It applies to courts and judicial bodies
- It ensures proper use of legal authority and protects fundamental rights