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CS Executive · Jurisprudence, Interpretation and General Laws · Administrative Laws

A tribunal is hearing a dispute that lies outside its statutory jurisdiction, and the hearing is still going on with no final order passed. The affected party wants the High Court to stop the tribunal from proceeding further. Which writ is most suitable, and why?

Prohibition is suitable. It is issued during pending proceedings to restrain a lower court or tribunal from continuing in excess of its jurisdiction. Certiorari is used after an order has been passed to quash it, so it is premature here.

  1. ACertiorari, because it quashes orders already passed by the tribunal
  2. BProhibition, because it restrains a lower body from continuing proceedings in excess of jurisdictionCorrect
  3. CMandamus, because it compels the tribunal to follow the law
  4. DHabeas corpus, because it secures production of the party before the court

Explanation

Prohibition is issued while proceedings are pending to stop a court or tribunal from exceeding jurisdiction. Certiorari operates after a decision has been made, to quash it; since no order has been passed here, it is premature. Mandamus compels action rather than restraining it.

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