Writ of Prohibition

The Writ of Prohibition is a judicial remedy designed to prevent lower courts, tribunals, or quasi-judicial bodies from overstepping their jurisdiction or acting in violation of the law. Often referred to as a “Stay Order,” it is issued by higher courts to restrain subordinate authorities from exceeding their lawful authority or engaging in actions that contravene natural justice or constitutional provisions. This writ safeguards the principles of justice, ensuring that legal proceedings remain fair, impartial, and within the bounds of jurisdiction.

What is Writ of Prohibition?

As defined by the Merriam-Webster Dictionary, the writ of prohibition is “a writ issued by a superior court to prevent an inferior court from acting beyond its jurisdiction.” It is a preventive remedy aimed at halting judicial or quasi-judicial actions before they culminate in a decision or judgement. By doing so, the writ ensures that the judicial process operates within legal boundaries and does not result in harm due to overreach or bias.

Historical Background of Writ of Prohibition

The writ of prohibition has its roots in English common law, where it was primarily used to control the jurisdiction of ecclesiastical courts and prevent them from encroaching upon the authority of common law courts. Over time, its scope expanded to include supervision over other inferior courts and quasi-judicial bodies. High courts such as the Court of Common Pleas and the King’s Bench used the writ as a tool to ensure that lower courts operated within their prescribed jurisdiction.

The evolution of the writ in English jurisprudence laid the foundation for its incorporation into the legal systems of various countries, including India. Today, it serves as a critical mechanism for judicial control, ensuring that subordinate authorities adhere to the principles of natural justice and legal jurisdiction.

Purpose and Scope of the Writ of Prohibition

The primary purpose of the writ of prohibition is to prevent subordinate courts or quasi-judicial bodies from:

1. Acting without jurisdiction or exceeding their jurisdiction.
2. Violating the principles of natural justice, such as fairness and equity.
3. Engaging in actions that are ultra vires (beyond their legal powers) or unconstitutional.

Unlike corrective remedies, the writ of prohibition is preventive in nature. It is issued while proceedings are ongoing, aiming to stop unlawful actions before they result in a final decision or judgement. This distinguishes it from the writ of certiorari, which is issued after a decision has been rendered.

Grounds for Issuing the Writ of Prohibition

The writ of prohibition is issued under specific conditions, including:

1. Lack of Jurisdiction: When a lower court or tribunal initiates proceedings in a matter outside its legal authority.
2. Exceeding Jurisdiction: When a lower court acts beyond the powers conferred upon it by law.
3. Violation of Natural Justice: Includes denial of a fair hearing, evident bias, or failure to follow due process.
4. Acts Ultra Vires or Unconstitutionally: When actions contravene constitutional provisions or exceed the authority granted by governing legislation.
5. Violation of Fundamental Rights: If a lower court’s actions infringe upon constitutional rights, such as freedom of speech or due process.
6. Errors on the Basis of Records: When decisions are based on clear factual inaccuracies or legal errors.
7. Judgements Unsupported by Evidence: If the court’s decision lacks sufficient evidentiary support, the writ can be issued to prevent enforcement of an unjust judgement.

How Writ of Prohibition is Issued?

The writ of prohibition can be initiated by filing a petition with the High Court or the Supreme Court of India, under the provisions of:

• Article 226: Jurisdiction of High Courts.
• Article 32: Jurisdiction of the Supreme Court.

The petition must clearly outline the grounds on which the writ is sought, such as lack of jurisdiction or violation of natural justice. Upon review, the higher court may issue the writ, directing the subordinate court to cease proceedings that are deemed unlawful or beyond its jurisdiction.

Key Features of the Writ of Prohibition

• Issued Against: Judicial and quasi-judicial authorities.
• Not Issued Against: Private individuals, entities, or purely administrative bodies.
• Preventive Nature: Unlike certiorari, it is issued to stop actions before a decision is made.
• Judicial Control: Ensures subordinate courts operate within their jurisdictional boundaries.

Difference Between Writ of Prohibition and Other Writs

Writ of Mandamus vs. Writ of Prohibition

Writ of Certiorari vs. Writ of Prohibition

Writ of Prohibition Landmark Cases

Brij Khandelwal v. India (1975)

The Delhi High Court refused to issue a writ of prohibition against the Central Government in a boundary dispute. The court clarified that the writ could not restrict executive or administrative duties but emphasised its broader applicability to quasi-judicial and administrative actions.

S. Govind Menon v. Union of India (1967)

The Kerala High Court issued a writ of prohibition to prevent a lower court from exceeding its jurisdiction. The case reinforced the writ’s applicability in instances of both excess and absence of jurisdiction.

Hari Vishnu v. Syed Ahmed Ishaque (1955)

This case distinguished between the writs of prohibition and certiorari, clarifying that prohibition is applicable before judgement, while certiorari applies after judgement.

Prudential Capital Markets Ltd v. The State of A.P. and Others (2000)

The court held that a writ of prohibition cannot be issued once a judgement has been executed, emphasising its preventive nature.

Importance of the Writ of Prohibition

1. Preservation of Jurisdictional Integrity: Ensures that lower courts and tribunals operate within their defined jurisdiction.
2. Safeguard Against Judicial Overreach: Prevents subordinate courts from exceeding their powers or acting unlawfully (judicial overreach)
3. Protection of Fundamental Rights: Addresses violations of constitutional rights by judicial or quasi-judicial bodies.
4. Promotion of Natural Justice: Upholds fairness, impartiality, and the rule of law.

Limitations of the Writ of Prohibition

1. Restricted to Judicial Bodies: Cannot be issued against private individuals, administrative bodies, or purely executive actions.
2. Preventive Nature: Applicable only during ongoing proceedings, not after a judgement has been rendered.
3. Discretionary Power of Courts: Issuance depends on the discretion of the higher court, which evaluates the merits of each case.
4. Complexity of Jurisdictional Issues: Determining jurisdictional errors can be intricate and time-consuming.

Conclusion

The writ of prohibition serves as a vital tool in maintaining the integrity of judicial processes. By preventing lower courts from acting beyond their jurisdiction or in violation of the law, it upholds the principles of natural justice and safeguards the rights of individuals. While its applicability is limited to judicial and quasi-judicial bodies, its preventive nature makes it indispensable in ensuring that justice is served within the boundaries of legal authority. Through landmark cases and evolving jurisprudence, the writ continues to play a critical role in the judicial landscape, offering a robust mechanism to prevent unlawful actions and protect constitutional values.