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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.
Difference between Writ of Prohibition and Certiorari
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. |
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