What Is Certiorari and Prohibition in Constitutional Law

What Is Certiorari and Prohibition in Constitutional Law?

Introduction

Constitutional courts in India possess supervisory powers to ensure that courts, tribunals, and public authorities act within the limits of their lawful jurisdiction. Two important writ remedies connected with this supervisory function are Certiorari and Prohibition.

Although these writs are often discussed together, they serve different constitutional purposes. Many litigants and even non-lawyers find the distinction confusing.

This guide explains the broad concepts of Certiorari and Prohibition in constitutional law.

What Is Certiorari?

Broadly, Certiorari refers to:

A constitutional writ through which a superior constitutional court may review and potentially quash proceedings/orders of subordinate courts, tribunals, or authorities alleged to suffer from jurisdictional, legal, procedural, or related infirmities within the scope of writ jurisdiction.

What Is Prohibition?

Broadly, Prohibition refers to:

A constitutional writ issued to prevent a subordinate court, tribunal, or authority from proceeding further in a matter alleged to be beyond jurisdiction or otherwise legally impermissible.

Broad Difference Between the Two

Certiorari

• Generally corrective in nature
• Often associated with quashing/review of completed or ongoing proceedings/orders

Prohibition

• Generally preventive in nature
• Stops authority/tribunal from proceeding further

Why These Writs Matter

They help ensure:

• Authorities remain within lawful jurisdiction
• Procedural legality is maintained
• Excess or abuse of power is checked
• Judicial/administrative supervision exists within constitutional framework

Are These Writs Available in Every Dispute?

No.

Maintainability depends on:

• Nature of authority involved
• Jurisdictional/public law issues
• Availability of alternate remedies
• Nature of alleged illegality
• Constitutional and procedural principles

Common Mistakes to Avoid

• Treating Certiorari and Prohibition as identical
• Using writ jurisdiction for ordinary appeal substitute automatically
• Ignoring alternate remedies
• Failing to identify jurisdictional error clearly
• Proceeding without maintainability analysis
• Assuming every incorrect order warrants constitutional writ intervention

Frequently Asked Questions

1. What is Certiorari?

A writ linked with supervisory review/quashing jurisdiction.

2. What is Prohibition?

A writ preventing unlawful/excess jurisdiction proceedings.

3. Are the two writs identical?

No.

4. Is jurisdictional error important?

Critical.

5. Are tribunals/courts commonly involved in such writs?

Broadly yes.

6. Can writ court act as regular appellate court automatically?

Not necessarily.

7. Are alternate remedies relevant?

Very.

8. Is constitutional supervision central to these writs?

Yes.

9. Is maintainability important?

Absolutely.

10. Should writ strategy be carefully evaluated?

Always.

Conclusion

Certiorari and Prohibition are important constitutional supervisory writs designed to ensure that subordinate courts, tribunals, and authorities act within lawful jurisdiction and procedural limits. While Certiorari is generally corrective, Prohibition is generally preventive in nature, and both operate within carefully defined constitutional principles.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Certiorari and Prohibition jurisdiction depend on constitutional principles, jurisdictional issues, maintainability, alternate remedies, and case-specific facts. Users should consult a qualified advocate for case-specific advice.