PROHIBITION
LITERAL MEANING
‘To forbid’
ORIGIN
Latin
EXPLANATION
A writ of prohibition is issued primarily by a superior court to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice. It is issued to inferior courts from usurping a jurisdiction with which it was not legally vested. In other words, the writ compels the inferior courts to keep within the limits of their jurisdiction.
Facts about Prohibition in India:
- Writ of Prohibition can only be issued against judicial and quasi-judicial authorities.
- It can’t be issued against administrative authorities, legislative bodies and private individuals or bodies.
The power to issue this writ is, like all other writs, vested in the Supreme Court and the various high courts by virtue of Articles 32 and 226 of the Constitution of India respectively.
The Writ of Prohibition is issued when a lower court or the body tries to transgress the limits or powers vested in it. It is issued by any High Court or the Supreme Court to any inferior court, or quasi-judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. It is an extraordinary writ of preventive nature that prevents courts, tribunal, quasi-judicial bodies, and other officers from exercising their power beyond their jurisdiction or exercising those powers that are not vested on them.
CASE LAWS
Brij Khandelwal vs. Union of India
The Delhi High Court refused to issue prohibition to the Central Government to prevent it from entering into an agreement with Sri Lanka regarding a boundary dispute. The decision was based on the principle that prohibition does not lie against government discharging executive functions and that prohibition is intended to control quasi-judicial and not executive, functions.
Calcutta Discount Co. Ltd. Vs. ITO
Supreme Court held that when a subordinate court or tribunal is shown decisively that they have acted in excess of their jurisdiction, the court will issue a writ of prohibition regardless of whether there exists an alternative remedy or not.
Also Read: Animus Nocendi
