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Prohibition - Vishalakshi CNTL

The writ of prohibition is a judicial writ issued to prevent lower courts, tribunals, or quasi-judicial authorities from exceeding their jurisdiction or violating principles of natural justice. It originated in British common law and was first used in India in the early 20th century. Prohibition differs from other writs like certiorari in that it prevents a legal action from being completed, rather than reviewing a completed action. It can be issued if the lower authority lacks jurisdiction, violates natural justice principles, or acts unconstitutionally. Anyone aggrieved by the lower authority's overreach, not just direct parties, can apply for prohibition. It is meant to prevent future harm through unlawful assumptions of jurisdiction rather than remedy past harm

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64 views8 pages

Prohibition - Vishalakshi CNTL

The writ of prohibition is a judicial writ issued to prevent lower courts, tribunals, or quasi-judicial authorities from exceeding their jurisdiction or violating principles of natural justice. It originated in British common law and was first used in India in the early 20th century. Prohibition differs from other writs like certiorari in that it prevents a legal action from being completed, rather than reviewing a completed action. It can be issued if the lower authority lacks jurisdiction, violates natural justice principles, or acts unconstitutionally. Anyone aggrieved by the lower authority's overreach, not just direct parties, can apply for prohibition. It is meant to prevent future harm through unlawful assumptions of jurisdiction rather than remedy past harm

Uploaded by

Gurdev Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Prohibition

Writ of Prohibition is a judicial writ, issued against a judicial or a quasi- judicial authority.
When such a authority exceeds its jurisdiction or tries to exercise its jurisdiction not vested in it.
When a sub- ordinate court or an inferior court or an inferior tribunal hears a matter over which it
has no jurisdiction, the High Court or the Supreme Court can prevent it from usurping jurisdiction
and keep it within its jurisdictional boundaries.
Evolution, Nature & Scope

Prohibition differentiated from


other writs

Sub- Topics Grounds

Who may apply? & against


whom

Limits of Prohibition
Evolution, Nature & Scope
• The writ of prohibition in India has its roots in the British common law system, which was inherited by India upon gaining
independence.

• The writ of prohibition in India was specifically first used in the early 20th century by the High Courts to prevent lower
courts and tribunals from exceeding their jurisdiction or acting in a manner that was contrary to the rules of natural justice.

• Over time, the scope of the writ of prohibition has been expanded in India to include a wider range of issues related to
jurisdiction and procedural fairness.

• As the name suggest Prohibition- to prohibit, or to stop.

East India Commercial Co. v. Collector of Customs-


A writ of prohibition is an order from a superior court to a inferior court, forbidding it from continuing with a proceeding
therein on the ground that the proceeding was without or in excess of jurisdiction or contrary to the laws of the land, statutory
or otherwise.

• The underlying principle behind the writ of prohibition- “ Prevention is Better than Cure”.

20XX Prohibition 3
Prohibition distinguished from other writs
• Certiorari and Prohibition, both are available against courts and tribunals.
• Certiorari applies on a decision which is fait accompli (something that has already happened, nothing can
be done rather to accept it).
• Prohibition prevents the fait from becoming accompli.
• Prohibition is converse to Mandamus.
• Mandamus compels the authority to do something, whereas Prohibition prevents the authority from doing
something.
• Prohibition- Commands Inactivity.
• Mandamus- demands Activity.

Prohibition
20XX 4
Grounds
• 1. Absence or excess of jurisdiction.
Example: Taxing or licensing authority levies tax or licensing fees without authority, writ of prohibition can be issued.
• 2. Violation of Natural Justice.
Example: If there is any bias or prejudice on the part of the judge against either of the parties while adjudicating any matter, the writ of
prohibition can be issued.
• 3. Unconstitutionality of statute.
Example: Proceedings of any court or statute is ultra vires Article 14, a writ of prohibition can be issued.

Prohibition
20XX 5
Who may apply?
• It is completely immaterial, who informs the court regarding the usurpation.
• Any stranger or the aggrieved party may apply against the unfair practice.

Against whom Prohibition would lie?


A writ of prohibition is a judicial writ, may be issued against courts, tribunals and quasi- judicial
authorities, like tax authorities.

Against whom Prohibition does not lie?


Prohibition does not lie against administrative authorities from discharging administrative, executive
or ministerial functions. It would also not lie against legislature restraining it or enforcing any law.

Prohibition
20XX 6
Limits of Prohibition
• The object of the writ of Prohibition is to prevent unlawful assumption of jurisdiction. Prohibition cannot lie in the cases where such
authority having jurisdiction exercises it irregularly or improperly.

• A writ of Prohibition can lie only in cases where the proceedings are pending before any judicial or quasi- judicial authority. If the
proceedings have terminated, the writ will not lie. Then the remedy may be the writ of certiorari.

• If the proceedings before the judicial or quasi- judicial authority are partly within and partly without jurisdiction, the writ of prohibition
may be issued in respect of the latter.

Prohibition
20XX 7
Thank you
Vishalakshi Keshari
500085213

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