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LawBytes · Legal Guides

Mandamus, Certiorari and Prohibition: The Writs Explained

What each of the three most commonly used writs actually does, with the distinction that decides which one applies.

Of the five writs available under Article 199, three account for most constitutional petitions filed in practice. The distinction between them is functional, not a matter of preference.

Mandamus

Mandamus directs a public functionary to perform a duty it is legally obliged to perform but has failed or refused to perform. It compels action, and is the writ most often sought where an authority is simply sitting on an application or request.

Certiorari

Certiorari quashes an order or decision already made without lawful authority or in excess of jurisdiction. It looks backward at a decision already taken, rather than compelling a future action.

Prohibition

Prohibition restrains an authority or tribunal from proceeding further where it is acting, or is about to act, beyond its jurisdiction. It looks forward, stopping something before it is completed, which is the key distinction from certiorari.

Choosing the right one

Whether the authority has acted (certiorari), is refusing to act (mandamus), or is in the process of exceeding its jurisdiction (prohibition) determines which writ fits. A petition can, in appropriate cases, seek more than one in the alternative.

What to do next

Establish exactly what stage the authority’s action is at — not yet acted, acted wrongly, or currently acting — since this alone identifies the right writ.

Written by

Waleed Mansoor

Advocate High Court · Founding Principal

LL.B., University of the Punjab. Diploma in Tax and Forensic Laws. Founder of LawBytes, and formerly Director of the Legal Leadership Forum. Practises across litigation, corporate, regulatory and immigration matters.

More about the practice

This is general legal information, not advice. It describes how a process generally works and does not address the facts of any particular matter. Reading it does not create a lawyer–client relationship, and outcomes depend on the specific facts of each case.

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