What is the Difference between Writ of Prohibition and Certiorari?

The Writ of Prohibition by a higher court to a lower court or tribunal prohibits it from exceeding its jurisdiction or acting contrary to law. On the other hand, a Writ of Certiorari by a higher court to a lower court or tribunal directs it to send up records of a case for review. Furthermore, both the writs are used in two different situations and the effects of the Writs differ. Article 32 and Article 226 in the Indian Constitution mention the use of Writs for both the Supreme Court and the High Courts, respectively. Read on to know the difference between the Writ of Prohibition and Certiorari. 

What is a Writ?

To know the difference between the writ of Prohibition and Certiorari, you must first understand what a writ is. A writ is a formal written order that is issued by the higher judicial authority. For example, a high court or a supreme court. The order would state the person/body to either perform or abstain from performing a specific act. In India the Articles 32 and 226 of the Constitution allow the Supreme Court and high courts to issue writs to ensure that the fundamental rights are being properly enforced.

Writ of Prohibition: Preventing Judicial Overreach

The writ of prohibition is issued by a superior court to a lower court or tribual. The writ prohibits or prevents the court from exceeding its jurisdiction or acting contrary to the principles of justice. Basically, the higher court would order the lower court to stop proceedings that it has no authority to undertake.

Key Features

1. The writ is a preventive remedy. Thus, it has to be issued before the lower court passes a judgment. This is the main the writ of Prohibition and Certiorari.
2. This writ ensures that the subordinate courts can work only within the legal boundaries 
3. It applies to Judicial and quasi-judicial authorities.
4. It does not apply to legislative bodies, administrative bodies, or private individuals.

Notable Cases

S.No.	Case Name	Year	Court	Description
1	Mannusamappa & Sons v. Custodian Evacuee Property	1962	Supreme Court	The Court held that once the Custodian accepted rent from tenants for several months, he could not later treat them as unauthorized occupants; a writ of prohibition was issued to stop the ongoing proceedings.
2	Brij Khandelwal v. Union of India	1975	Delhi High Court	In a case involving a boundary agreement with another country, the Court ruled that a writ of prohibition could not be used to control the executive’s political decisions, restricting its use to judicial or quasi-judicial actions.

Also Read: The Indian Constitution

Writ of Certiorari: Correcting Judicial Errors

Now let’s understand the difference between the writ of Prohibition and Certiorari. The writ of Certiorari is issued by a higher court to a lower court. However, this writ is only passed after the lower court has passed a judgement. The writ can nullify the decision of the lower court if it was in violation of justice or passed in excess of its jurisdiction.

Key Features

1. This writ is a corrective remedy issued after the lower court has passed a judgment
2. It can be used to nullify illegal decisions or judgments that had procedural irregularities.
3. It is applies to Judicial, quasi-judicial, and administrative authorities
4. It does not apply to private individuals or legislative bodies

Notable Cases

S.No.	Case Name	Year	Court	Description
1	A.V. Venkateswaran, Collector of Customs v. Ramchand Sobhraj Wadhwani	1961	Supreme Court	The Court ruled that even if another legal remedy is available, a writ of certiorari can still be granted to correct a jurisdictional error.
2	Sirsi Municipality v. Cecilia Kom Francis Tellis	1973	Supreme Court	The dismissal of a hospital worker without giving her a fair chance to be heard was struck down, with the Court issuing a writ of certiorari to uphold natural justice.

Difference between Writ of Prohibition and Certiorari: A Comparision

Additionally, here is a table that maps out the difference between both: 

Difference Between Writ of Prohibition and Writ of Certiorari
Feature	Writ of Prohibition	Writ of Certiorari
Objective	To prevent a lower court or tribunal from proceeding with a case beyond its jurisdiction or not in violation.	To review the proceedings of a lower court or tribunal to confirm they have acted within the bounds of their jurisdiction or are not in violation.
Nature	Preventive in nature. It aims to stop an action before it takes place or halts an ongoing proceeding.	Curative or Corrective in nature. It aims to correct errors already committed by a lower court or tribunal.
Timing	Issued during a case that is going on in a lower court or tribunal, before the final judgment is pronounced.	Issued after the final judgment is pronounced by a lower court or tribunal.
Effect	Stops the proceedings of the lower court or tribunal.	Quashes the order or decision of the lower court or tribunal.
Example	Prohibition can be issued to prevent a high court judge from exceeding his jurisdiction	Certiorari can be issued to quash an order passed by a lower court that is in violation.

Also Read: Education of Dr B.R. Ambedkar at London School of Economics and Political Science

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