Definition
A petition filed before a superior court seeking a writ of prohibition — directing an inferior court or quasi-judicial tribunal to stop exercising jurisdiction it does not have, issued while proceedings are still pending before the inferior court.
A prohibition petition seeks to prevent an inferior court from committing an error before it is too late to correct it without quashing. Grounds for prohibition: (a) want of jurisdiction — the inferior court is about to exercise jurisdiction it does not have; (b) excess of jurisdiction — it proposes to act beyond its powers; (c) acting in violation of natural justice in a fundamental way that goes to jurisdiction. Prohibition is prospective — it operates before the order is made; certiorari is retrospective — it corrects an order already made. A prohibition petition should be filed as soon as it becomes clear that the inferior court is about to exceed its jurisdiction — delay may lead to the court holding that the petitioner acquiesced in the proceedings.
Statutory Definition
Article 226(1), Constitution of India: power to issue writs including 'prohibitions' — directed against inferior courts, tribunals, and quasi-judicial authorities that are about to exceed their jurisdiction. No specific statutory provision; prohibition is a common law writ exercised through the constitutional writ jurisdiction.
Etymology & Origin
From Latin 'prohibitio' (a hindrance, prohibition, prevention) from 'prohibere' (to hold back, to prevent) from 'pro' (before) + 'habere' (to hold). A writ of prohibition 'holds back' an inferior court that is about to exceed its jurisdiction — preventing the error before it occurs.
Full Legal Analysis
Prohibition Petition: Stopping Excess Jurisdiction Before It Happens
The writ of prohibition is the law’s early warning system. Instead of waiting for an inferior court to make an error and then quashing it (certiorari), prohibition acts preventively — stopping the error before it is made. It is particularly valuable when the jurisdictional issue is clear and the litigation in the inferior court would be completely futile if prohibition is not granted.
Prohibition vs. Certiorari: The Timing Distinction
(a) Prohibition: Issued during proceedings, before judgment. The court below is stopped from proceeding further. Use: when the jurisdiction issue is clear and there is no point in letting the inferior court proceed to judgment before challenging it. (b) Certiorari: Issued after judgment, to quash it. Use: when the error only becomes apparent in the judgment, or when prohibition was not sought in time. In practice, both writs may be sought together in the alternative — 'either stop the proceedings or, after the order is made, quash it.'
Scope: Against Courts, Tribunals, and Quasi-Judicial Bodies
Prohibition lies against the same bodies as certiorari — any court, tribunal, or quasi-judicial body exercising judicial functions. Courts have issued prohibition against: (a) a magistrate proposing to take cognizance of an offence when clearly barred by limitation; (b) a Family Court proposing to hear a divorce petition when exclusive jurisdiction lies with another court; (c) an arbitral tribunal proposing to decide a dispute outside the arbitration agreement's scope; (d) a revenue authority proposing to pass an order that exceeds its statutory jurisdiction. The key: the lower authority is in the process of exceeding jurisdiction, not yet having done so.
“Prohibition is preventive justice — stopping the wrong before it is committed, not correcting it after the fact. When a court or tribunal is clearly about to step outside its lawful authority, prohibition intervenes: stop there, the law does not authorise what you are about to do.”
