Certiorari vs Prohibition: the same power, different timing
Both writs do the same job, a higher court controlling a lower court or tribunal that exceeded its jurisdiction. The question is always about timing, and that is the whole answer.
| Prohibition | Certiorari | |
|---|---|---|
| When issued | While the case is still pending | After the order or decision is passed |
| Effect | Stops the proceedings going further | Quashes the order already passed |
| Nature | Preventive | Corrective |
| Issued against | Judicial and quasi-judicial bodies | Judicial, quasi-judicial and, since 1991, administrative bodies |
| Available under | Articles 32 and 226 | Articles 32 and 226 |
🧠 Prohibition comes FIRST and stops it. Certiorari comes AFTER and cancels it.
Points that get asked
- Neither writ lies against a legislature or a purely private individual.
- Certiorari was extended to purely administrative authorities affecting rights, widening it beyond Prohibition.
- Article 32 gives the Supreme Court this power; Article 226 gives High Courts a wider one, since it covers legal rights too, not only fundamental rights.
- Both belong to the five writs, alongside Habeas Corpus, Mandamus and Quo Warranto.
Frequently asked
What is the difference between Certiorari and Prohibition?
Timing. Prohibition is issued while a case is still going on and stops it. Certiorari is issued after the decision and quashes it.
Which writ is preventive and which is corrective?
Prohibition is preventive; Certiorari is corrective.
Under which articles can these writs be issued?
Article 32 by the Supreme Court and Article 226 by the High Courts. Article 226 is wider because it also covers ordinary legal rights.
Can Certiorari be issued against an administrative body?
Yes. Since 1991 it extends to administrative authorities whose decisions affect rights, unlike Prohibition.
Last updated 2026-07-28
