Meaning and Constitutional Basis
The writ of prohibition is a preventive constitutional remedy issued by a superior court to restrain an inferior court, tribunal, or quasi-judicial authority from exceeding its jurisdiction or acting contrary to law. In India, this writ flows from Article 226 of the Constitution for High Courts and Article 32 for the Supreme Court, which empower constitutional courts to protect fundamental and legal rights. Unlike corrective remedies, prohibition operates before the completion of proceedings, stopping illegal action at its threshold.
This writ safeguards the rule of law by ensuring that authorities act strictly within the limits prescribed by statute. If a tribunal attempts to decide a matter outside its subject-matter, territorial, or personal jurisdiction, a writ of prohibition prevents such unlawful exercise of power. Courts emphasize that jurisdictional control is essential to avoid abuse of authority and miscarriage of justice. Thus, prohibition acts as a judicial command that preserves constitutional discipline and procedural fairness.
Scope, Grounds, and Legal Provisions
The writ of prohibition applies only to judicial or quasi-judicial bodies, not to purely administrative authorities. Courts issue it when there is lack of jurisdiction, excess of jurisdiction, violation of natural justice, or contravention of statutory provisions. For example, if a tribunal proceeds without giving a fair hearing, it violates the principles of natural justice recognized under Indian constitutional jurisprudence.
Although the Constitution does not codify detailed procedures, the authority under Articles 226 and 32 is wide and discretionary. Indian courts have clarified that prohibition differs from certiorari because it prevents continuation of proceedings rather than quashing an already passed order. The writ also ensures compliance with enabling statutes such as the Code of Civil Procedure, 1908, and special enactments governing tribunals. Therefore, prohibition plays a critical role in judicial review by enforcing lawful limits on adjudicatory power.
Nature, Limitations, and Importance
The writ of prohibition is prospective and preventive, not retrospective. Courts will not issue it once the inferior authority has concluded proceedings and passed a final order. In such cases, the appropriate remedy is usually certiorari or appeal. Another limitation is that mere errors of fact or law within jurisdiction do not justify prohibition. The error must relate directly to jurisdiction or legality of authority.
Despite these limits, the importance of prohibition lies in maintaining judicial hierarchy and constitutional supremacy. It prevents unnecessary litigation, protects individuals from illegal trials, and promotes administrative accountability. By intervening at the right time, courts avoid prolonged proceedings that may later be declared void. Hence, the writ strengthens public confidence in the justice system and ensures that power is exercised only as permitted by law.
Real-Time Example
Suppose a consumer disputes tribunal begins adjudicating a criminal offence involving cheating under the Indian Penal Code. Since criminal jurisdiction vests exclusively with criminal courts, the tribunal clearly exceeds its authority. An affected party may approach the High Court under Article 226 seeking a writ of prohibition. The court can immediately restrain the tribunal from continuing the proceedings.
This intervention prevents wastage of judicial time and protects the accused from facing an illegal trial. Such real-life situations frequently arise when statutory bodies misunderstand the extent of their powers. Prohibition ensures that each authority functions within its legally defined domain, thereby upholding constitutional governance.
Mnemonic to Remember
A simple mnemonic to remember the writ of prohibition is “STOP JAIL”.
S – Superior court issues
T – Tribunal or court restrained
O – Overstepping jurisdiction
P – Preventive remedy
J – Judicial or quasi-judicial bodies only
A – Article 226 / Article 32
I – Illegal proceedings stopped early
L – Limits of law enforced
This mnemonic helps recall the nature, scope, and purpose of the writ quickly during exams or legal writing.
About Lawgnan
Understanding constitutional remedies like the writ of prohibition is essential for law students, judicial aspirants, and legal professionals. Such concepts not only help in examinations but also in practical litigation where jurisdictional errors are common. To explore more simplified explanations, real-time legal illustrations, and exam-oriented notes on constitutional law, visit lawgana.in. The platform provides structured legal content, mnemonics, and case-based learning designed for Indian law syllabi. Stay updated, strengthen your legal foundations, and enhance your answer-writing skills by following lawgana.in for reliable and exam-ready legal knowledge.
