Page "Writ of prohibition" Paragraph 10

A writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice.

It is issued by a superior court to inferior courts from usurping a jurisdiction with which it was not legally vested, or in other words to compel inferior courts to keep within the limits of their jurisdiction.

Thus the writ is issued in both cases where there is excess of jurisdiction and where there is absence of jurisdiction ( S. Govind Menon vs. union of India, AIR 1967 SC 1274 ).

Prohibition is not a continuation of the proceedings to be prohibited.

Its object is on the contrary to arrest the inferior tribunal ’ s proceedings.

It is a collateral matter progress essentially between the two tribunals, an inferior one and other superior one by which the latter, by virtue its power of superintendence over the former, restrains it within its rightful competence.

Its nature is held to depend upon the nature of proceeding to be prohibited.

The writ can be issued only when the proceedings are pending in a court if the proceeding has matured into decision, writ will not lie.

When the court, before whom the matter is pending, has ceased to exist, in that condition too, the writ of prohibition will not lie because there can be no proceedings upon which it can operate but on the other hand, if the court is functioning, the writ can be issued at any stage of the proceeding before the inferior court or tribunal.

It can be issued only against a judicial or legislative function.