UPSC Prelims 2024·GS1·polity-and-governance·judiciary

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

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  1. Aa government officer prohibiting him from taking a particular action.
  2. Bthe Parliament/Legislative Assembly to pass a law on Prohibition.
  3. Cthe lower court prohibiting continuation of proceedings in a case.Correct
  4. Dthe Government prohibiting it from following an unconstitutional policy.

Explanation

The correct answer is C) the lower court prohibiting continuation of proceedings in a case.

A Writ of Prohibition is a writ issued by a higher court (Supreme Court or High Court) to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It is issued to stop an inferior court or quasi-judicial body from continuing proceedings that are ultra vires (beyond its legal power or authority).

Let's analyze the other options:

  • A) A government officer prohibiting him from taking a particular action: This is more characteristic of a Writ of Mandamus (to compel action) or possibly Quo Warranto (to challenge authority) if the action is without authority, but not Prohibition.
  • B) The Parliament/Legislative Assembly to pass a law on Prohibition: Courts generally cannot issue writs to legislatures to stop them from passing laws. The constitutionality of a law can only be challenged after it has been passed.
  • D) The Government prohibiting it from following an unconstitutional policy: While courts can strike down unconstitutional policies, a Writ of Prohibition is specifically directed at preventing an inferior court or tribunal from exceeding its jurisdiction, not at stopping the executive from following a policy in general (which might involve a writ of Mandamus or Quo Warranto, or simply striking down the policy through judicial review).

Therefore, Prohibition is preventive and issued against judicial or quasi-judicial bodies to stay within their bounds.

polity-and-governance: A Writ of Prohibition is an order issued by the Supreme Court or High Courts to

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