The writ of prohibition literally means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike the mandamus that directs activity, prohibition directs inactivity Writ which can be issued under the Constitution is the Writ of Prohibition. This Writ is not issued often and is an extraordinary remedy which a Superior Court issues to an inferior court or tribunal for stopping them from deciding a case because these courts do not have the jurisdiction.

It is issued when the lower court or tribunal acts without or in excess of jurisdiction or in violation of rules of natural justice or in contravention of fundamental rights. It can also be issued when a lower court or tribunal acts under a law that is itself ultra vires If the court or tribunals does not have jurisdiction and it still decides the case, it will be an invalid judgement because for an act to be legal it should have the sanction of law. For e.g., if a District Court is hearing an appeal against the judgement of the High Court, such an act is bound to be prohibited because the District Court does not have the power to hear such an appeal. So, a
Writ of Prohibition will be issued against such an act of District Court.

Rules of Writ of Prohibition

In cases of Writ of Prohibition the following rules are observed:

1. Absence or excess of jurisdiction– where there is an absence of jurisdiction or total lack of lack of jurisdiction.

2. Violation of natural justice:–In case where the principle of natural justice have not been observed or if observed there is a violation of those principles. For example,if the opposite party have not been served with the notice and not been heard. Then the writ of prohibition can be issued.

3. Unconstitutionality of Statute:–whenever any tribunal or court proceed to act under law which is ultra vires or unconstitutional, a writ of prohibition can be issued against the proceedings.

4. Infringement of Fundamental Right:–where the impugned action is infringing any fundamental right of the petitioner then the writ of prohibition can be issued.

5. Error of law Apparent on the face of Record

The main object of this writ is to prevent unlawful assumption of jurisdiction.Therefore,writ does not lie in case of irregularity in exercise of jurisdiction or jurisdiction has been exercised improperly or erroneously.Availability of an alternate remedy does not create an absolute bar on issuance of a writ of prohibition.

This Writ can be issued only when the proceedings are pending in the inferior court and not when an order has already been passed by that court. Thus, this Writ is a preemptive remedy which is exercised by the superior court to prevent the inferior court from acting outside its jurisdiction.
The Writ of Prohibition can be issued only against a judicial or a quasi-judicial body and it cannot be issued against any administrative body.

Difference between Prohibition and Certiorari
Both the Writs Certiorari and Prohibition appear to be the same but there is one major difference between the two. In the Writ of Prohibition, the superior court issues the writ before the final order is passed by the inferior court and therefore this is a preventive remedy, while in Writ of Certiorari the superior court issues the Writ after the inferior court has made the final order. Thus the Writ of Certiorari is a corrective remedy by which the order of the inferior court is quashed.

Case Laws:

S. Govind Menon v. Union of India 1967 AIR 1274  A writ of prohibition can be issued in both circumstances of excess jurisdiction and absence of jurisdiction. Writ of prohibition was issued by a higher court, namely the Kerala High Court, to a lower court in order to take over jurisdiction that was not initially vested, or in other words, to compel lower courts to retain their Jurisdictional limitations. The writ can be issued when there is an excess of jurisdiction as well as when there is an absence of jurisdiction

P.S. Subramaniam Chettiar v. The Joint Commercial Tax Officer III, Dindigul [(1972) 30 S.T.C. 243] In this case the court has held that “a writ of prohibition is not issued as of right or as a matter of course. But it can only issue if the petitioner establishes to the satisfaction of a well instructed mind that a public duty is sought to be neglected or an open action is being undertaken in violation of public law”

Taj Mahal Transports (P)Ltd., vs Secretary, Regional Transport Authority AIR 1966 Mad 8, In this case the Hon’ble court observed that“ It is the law that such a writ can issue to restrain an inferior tribunal from proceeding beyond its jurisdiction, or erroneously assuming jurisdiction; the writ is of right, and the existence of an alternative remedy,after the variation has been granted, through a statutory appeal,is no bar to the issue of the writ. A writ ought to issue in order to prevent the mischief”.

Conclusion:

The writ of prohibition is a helpful tool for defending people against arbitrary legal action. Each person can easily request a writ of prohibition in the event that his case is heard by the incorrect court or quasi-judicial body to avoid suffering injustice. Also, it has been employed to protect the integrity of the constitutional system. The writ of prohibition assures that courts cannot arbitrarily take up any petition and rule on any issue without it falling inside their purview.The prohibition writ is issued by the higher courts to the subordinate courts to prevent them from doing something or stopping them from giving judgments, whereas the certiorari writ is issued by the higher courts to quash the granted judgments. It is a quick and effective remedy for preventing the lower court from acting in a way that is contrary to jurisdiction or natural justice.