What is the difference between writ of Prohibition and writ of Certiorari ?
Answers
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.