Question

Difference between prohibition and certiorari example

Answer 1

Writ of Prohibition :- A writ of prohibition is issued by a superior court to an inferior court or tribunal to prevent it from exceeding its jurisdiction and to compel it to keep within the limits of its jurisdiction.

Writ of Certiorari :– A writ of certiorari is a writ which is issued against body enjoying legal authority and through this authority this body enjoys the powers to scrutinize the legal aspect of legally enforceable rights and duties, their outcome and other related matters.

A writ of certiorari has much in common with a writ of prohibition. The only difference between the two is, whereas a writ of prohibition is issued to prevent an inferior court or tribunal to go ahead with the trial of a case in which it has assumed excess of jurisdiction, a writ of certiorari is issued to quash the order passed by an inferior court or tribunal in excess of jurisdiction.

Writ of certiorari and writ of prohibition both lie against body exercising legal authority. Like writ of certiorari, writ of prohibition can also be issued against body exercising judicial or quasi-judicial powers.

Writ of prohibition is nugatory in nature. It prevents or prohibits the inferior court from exercising assuming jurisdiction which is not vested in it by law. Writ of prohibition lies for both excess and absence of jurisdiction.

Both writs look alike but there is major difference between the two on the basis of stage at which they are issued. If a legal authority takes up a dispute on which it has no jurisdiction and decides the matter, then other party can approach High Court on the ground of absence of jurisdiction through a petition for issuance of writ of certiorari, however if the case is still pending and has not been finally decided yet then the aggrieved party can ask for issuance of writ of prohibition and thereby can prevent the inferior authority from proceeding further in the case

Answer 2

Answer and Explanation:

1. The writs of prohibition and certiorari are issued against people who have the power to act as judges. It supervises and regulates the judicial or quasi-judicial body's court procedures.
2. These writs do not give a remedy against a private entity; instead, they only provide a remedy against a statutory entity.
3. The main difference between the two writs is that the writ of prohibition is issued when a subordinate court takes up a matter that is outside of their hegemony, so when this writ is issued, the court is required to halt its proceedings, i.e. when a case is still pending in the court, whereas the writ of certiorari is issued when a subordinate court has delivered a decision that is outside of their judicial power, In some cases, the petition for both writs might be filed at the same time.

• For example, if a subordinate court receives a matter that is outside of their judicial power, they must immediately stop. However, if the petitioner fails to appear in court for the issuance of the writ of prohibition, they are still left with the writ of certiorari, which will revoke the subordinate court's verdict even if the decision is being delivered, and the matter will be shifted to a higher court.

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