The document discusses the writ of prohibition in India. It defines the writ as being issued by the supreme court or high court to stop inferior courts from proceeding in a case beyond their jurisdiction. It notes that Article 32 and 226 of the Indian Constitution provide for writ jurisdiction for the supreme court and high courts respectively. A writ of prohibition is preventative in nature rather than corrective, and aims to prevent unlawful assumption of jurisdiction. It can be issued when a lower court exceeds its jurisdiction, acts without jurisdiction, or acts against principles of natural justice.

1. WRIT OF PROHIBITION
PRESENTED BY:-ABHISHEK TIWARI

2. WHAT IS WRIT
OF PROHIBITION
Writ of prohibition means to forbid or to stop and it is popularly
known as 'Stay Order". This writ is issued by the supreme court
or high court to its inferior court forbidding it to continue
proceeding in a case in excess of its jurisdiction.

3. WRIT OF
PROHIBITION AND
INDIAN CONSTITUTI
ON
 Article 32 and Article 226 of the Constitution provide two separate but
parallel provisions of writ jurisdiction with the Supreme Court and High
Courts respectively. Article 32 has been incorporated as a fundamental
right and it provides for the constitutional remedy against the violation
of fundamental rights. This remedy is limited to the violation of
fundamental rights only under Article 32.
 But the scope of Article 226 is wider than that of Article 32 because the
operation of Article 226 is not limited to violation of fundamental rights
only, but it can be operated for other purposes also. However, in
entertaining the writs, the High Court enjoys wide and open powers as a
matter of discretion.
 And this writ of prohibition is one of the writ which is provided to
the citizens of India by the makers of the constitution. As a right
which can't be suspended during the emergency.
 And that’s why the father of our Indian Constitution Dr. B.R.
Ambedkar said that "If I was asked to name any particular article in
this constitution as the most important --- An article without which this
constitution would be a nullity ------ I could not refer to
any other Article except this one …..... It is the very soul of
the constitution and the very heart of it".

4. NATURE
 Prohibition is writ of right not a writ of course and is of preventive nature rather
than corrective. 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..
 It is issued by a superior court to lower court or a tribunal forbidding it to
perform an act outside its jurisdiction. After the issue of this Writ proceedings
in the lower court etc. come to a stop.
 This writ can be issued during the proceedings are pending before a judicial and
quasi-judicial body and if the proceedings have been terminated and authority
became functus officio then in such cases writ of prohibition can’t be issued. In
such cases writ of certiorari may be issued.

5. IMPORTANT
FACTS
RELATED TO
WRIT OF
PROHIBITION
 Writ of prohibition is not available against a public
officer not vested with judicial or quasi-judicial powers.
 The Supreme Court/High Court can issue this Writ only
where a fundamental right is affected. 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 also known by STAY ORDER.
 The court is not bound to issue this writ as it is issued in
English law.
 It is the power of the supreme court and high court to issue
it for doing justice.

6. PURPOSE
 This writ is issued to the court or any
tribunal to bar them from doing
something what they are about to do.
This bar is applied whenever a
subordinate court or tribunal hears the
matter beyond their jurisdiction or on
matters on which they have no
jurisdiction.
 Thus In both cases where there is
excess of jurisdiction and where there
is absence of jurisdiction. In both the
condition if the supreme court or high
court found it that the inferior court is
going beyond his jurisdiction then these
court can issue a writ of prohibition to
stop that proceeding, which is also said
to be the stay order.

7. WHO CAN
APPLY FOR THE
WRIT OF
PROHIBITION?
Any person whose
right is violated can
apply for the writ of
prohibition.

8. WHEN CAN A
WRIT OF
PROHIBITION
BE GRANTED?
 When the inferior Court or quasi-judicial authority exceeds
its jurisdiction.
 When the inferior Court acts without lawful jurisdiction.
 When the inferior Court or quasi-judicial authority acts
against the rule of natural justice.
 When there is an apparent error on the face of the judicial
record.

9. CASE LAWS
1. East India Commercial Co. Ltd. V Collector of Customs:- In the given case an
observation is given by the Supreme Court that writ of prohibition is an order
directing inferior courts and tribunals to stop from proceeding therein on the
ground that the proceeding are taking place with excess jurisdiction or lack
jurisdiction.
2. S. Govinda Menon v Union of India :- In this case the Supreme Court has
explained the jurisdiction of the court for grant of a writ of prohibition. It says
that power to issue writ of prohibition is primarily supervisory and the main
object for behind the writ of prohibition is to restrain inferior courts or
tribunals from exceeding their jurisdictional limits. It is well settled law
from decided cases that writ of prohibition lies not only in case of excess of
jurisdiction or for abuse of judicial power but writ lies also in cases of where
the actions are taken in contravention to the rules of Natural Justice
3. Sewapujanrai Indrasanari Ltd. V Collector of Customs:- It was held that the
Central Government may, from time to time, by notification in the Official
Gazette, prohibit or restrict the bringing or taking by sea or by land goods of
any specified description into or out of India across any customs frontier as
defined by the Central Government.” and the High Court may issue writ of
prohibition for prohibiting the customs authorities from enforcing the invalin
conditions without the consult of the Central Government

10. DISTINCTION BETWEEN CERTIORARI AND PROHIBITION
 These two writs are that both these are issued at
different stages of proceedings. One is issued to the
inferior court when such court acted without any
jurisdiction then the person against the proceedings
are taking place can move to the superior court for a
writ of prohibition, whereas on the other hand for a
writ of certiorari court have to hear the matter and
gives decision on that and the aggrieved party can
move to the superior court of issuance of writ.further
the order may be passed for quashing the decision on
the ground of want of jurisdiction.

11. CONCLUSION

12. THANK YOU!