The Main Differences between Writ Of Prohibition and Write of Certiorari

Both writs of prohibition and certiorari have for their sub­ject the restraining of inferior court from exceeding their jurisdiction and they can be issued not merely of quasi-judicial function.

But there is one fundamental distinction between the two writs, that is, they are issued at different stages of the proceedings.

When an inferior court takes up for hearing a matter over which it has no juris­diction, the person against whom the proceedings are taken can remove the superior court for a writ of prohibition and on that, an order will issue forbidding the inferior court from continuing the proceedings.

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On the other hand if the Court hears that cause or matter and gives a decision, the party aggrieved, will move the superior court for a writ of certiorari and, on that, an order will be made quashing the decision on the ground of want of jurisdiction.

It may happen that in a proceeding before the inferior court, a decision may have been passed which does not completely dispose of the matter, in which case it may be necessary to apply both for certiorari and prohibition- certiorari for quashing what has been decided, and prohibition for arresting the further continuance of the proceeding.

Authorities have gone to this extent that in such cases when an application is made for a writ of prohibition and there is no prayer for certiorari, it is open to the Court to stop further proceed­ings which are consequential on the decision. But if the proceedings have terminated, then it is too late to issue prohibition, and certiorari for quashing is the proper remedy to resort to.

Broadly speaking, a writ of prohibition will lie when the proceedings are to any extent pending and a writ of certiorari for quashing after they have terminated in a final decision.

So, a writ of prohibition can be issued only if there are the proceedings pending in a Court. If follows that it is incapable of being granted when the court has ceased to exist because there can be then no proceeding on which it can operate.

But it is otherwise with a writ of certiorari to quash, because it is directed against a decision which has been rendered by a court or tribunal, and the continued ex­istence on that court or tribunal, not a condition of its decision being annulled. In this context, the following passage from Juris Corpus Secundum, Volume 41, page 127 may be usefully quoted:

“Although similar to prohibition in that it will lie for want of excess of jurisdiction, certiorari is to be distinguished from prohibi­tion by the fact that it is directed to the cause or proceeding in lower court and not to the court itself, while prohibition is a preven­tive remedy issuing to restrain future action and is direct to the court itself.”