Difference Between Prohibition and Certiorari

Types of Writs
There are five types of Writs - Habeas Corpus, Mandamus, Prohibition,

Certiorari and Quo warranto.
1. Habeas Corpus
"Habeas Corpus" is a Latin term which literally means "you may have the
body." The writ is issued to produce a person who has been detained,
whether in prison or in private custody, before a court and to release him
if such detention is found illegal.
2. Mandamus
Mandamus is a Latin word, which means "We Command". Mandamus is
an order from the Supreme Court or High Court to a lower court or
tribunal or public authority to perform a public or statutory duty. This writ
of command is issued by the Supreme Court or High court when any
government, court, corporation or any public authority has to do a public
duty but fails to do so.
3. Certiorari
Literally, Certiorari means to be certified. The writ of certiorari can be
issued by the Supreme Court or any High Court for quashing the order
already passed by an inferior court, tribunal or quasi-judicial authority.
There are several conditions necessary for the issue of writ of certiorari.
There should be court, tribunal or an officer having legal authority to
determine the question with a duty to act judicially. Such a court, tribunal
or officer must have passed an order acting without jurisdiction or in
excess of the judicial authority vested by law in such court, tribunal or
officer. The order could also be against the principles of natural justice or
the order could contain an error of judgment in appreciating the facts of
the case.
4. Prohibition
The Writ of prohibition means to forbid or to stop and it is popularly
known as 'Stay Order'. This writ is issued when a lower court or a body
tries to transgress the limits or powers vested in it. The writ of prohibition
is issued by any High Court or the Supreme Court to any inferior court, or
quasi judicial body prohibiting the latter from continuing the proceedings
in a particular case, where it has no jurisdiction to try. After the issue of
this writ, proceedings in the lower court etc. come to a stop.
Difference between Prohibition and Certiorari:
While the writ of prohibition is available during the pendency of
proceedings, the writ of certiorari can be resorted to only after the order
or decision has been announced.
Both the writs are issued against legal bodies.
5. The Writ of Quo-Warranto
The word Quo-Warranto literally means "by what warrants?" or "what is
your authority"? It is a writ issued with a view to restrain a person from
holding a public office to which he is not entitled. The writ requires the
concerned person to explain to the Court by what authority he holds the
office. If a person has usurped a public office, the Court may direct him
not to carry out any activities in the office or may announce the office to
be vacant. Thus High Court may issue a writ of quo-warranto if a person
holds an office beyond his retirement age.
Conditions for issue of Quo-Warranto
The office must be public and it must be created by a statue or by the
constitution itself. The office must be a substantive one and not merely
the function or employment of a servant at the will and during the
pleasure of another. There must have been a contravention of the
constitution or a statute or statutory instrument, in appointing such
person to that office.
Appeals in Writs:
The provision of Article 226 is a constitutional provision, but it is not a
fundamental right. There is no guarantee attached to it unlike Article 32.
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. It is a plenary power of the High Court without any
fatter from any provision of the Constitution. Since it is an extraordinary
jurisdiction with the High Court, it has no! to be resorted to in routine.
The basic objective of this power is to ensure justice wherever the
miscarriage of justice is manifest.
The High Court has to reach the remotest comer of justice to eliminate
injustice. The Writ Jurisdiction of Supreme Court can be invoked under
Article 32 of the Constitution for the violation of fundamental rights
guaranteed under Part – III of the Constitution. Any provision in any
Constitution for Fundamental Rights is meaningless unless there are
adequate safeguards to ensure enforcement of such provisions. Since the
reality of such rights is tested only through the judiciary, the safeguards
assume even more importance.
If a writ fails to be entertained by the Hon’ble High Court, then the
Appellate Jurisdiction of the Supreme Court can be invoked under Article
132(1), 133(1) or 134 of the Constitution in respect of any judgement,
decree or final order of a High Court in both civil and criminal cases,
involving substantial questions of law as to the interpretation of the
Constitution. Appeals also lie to the Supreme Court in civil matters if the
High Court concerned certifies : (a) that the case involves a substantial
question of law of general importance, and (b) that, in the opinion of the
High Court, the said question needs to be decided by the Supreme Court.
In criminal cases, an appeal lies to the Supreme Court if the High Court
(a) has on appeal reversed an order of acquittal of an accused person and
sentenced him to death or to imprisonment for life or for a period of not
less than 10 years, or (b) has withdrawn for trial before itself any case
from any Court subordinate to its authority and has in such trial convicted
the accused and sentenced him to death or to imprisonment for life or for
a period of not less than 10 years, or (c) certified that the case is a fit one
for appeal to the Supreme Court. Parliament is authorised to confer on
the Supreme Court any further powers to entertain and hear appeals from
any judgement, final order or sentence in a criminal proceeding of a High
Court.

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Types of Writs

There are five types of Writs - Habeas Corpus, Mandamus, Prohibition,

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