UPSC Prelims 2024 Q83: Indian Polity – Judiciary
- (a) a government officer prohibiting him from taking a particular action
- (b) the Parliament/Legislative Assembly to pass a law on Prohibition
- (c) the lower court prohibiting continuation of proceedings in a case
- (d) the Government prohibiting it from following an unconstitutional policy
Answer: (c) the lower court prohibiting continuation of proceedings in a case
Explanation
Writ of Prohibition - Definition and Scope
Writ of Prohibition is issued by a superior court (Supreme Court or High Court) directing a lower court or tribunal to stop proceedings in a case that is either:
- Beyond the lower court's jurisdiction
- In violation of natural justice
- Pending before a court acting without/in excess of jurisdiction
Comparison of Constitutional Writs:
| Writ | Issued Against | Purpose |
|---|---|---|
| Habeas Corpus | Executive/State authority | Release an illegally detained person |
| Mandamus | Public authority, inferior court, corporation | Perform a mandatory public duty |
| Certiorari | Inferior court/quasi-judicial body | Quash an order already passed |
| Prohibition | Lower court/tribunal | Stop ongoing proceedings (before final order) |
| Quo Warranto | Person holding public office | Show authority for holding the office |
Prohibition vs Certiorari: Prohibition stops proceedings (preventive); Certiorari quashes a completed order (curative).
Answer: (c) the lower court prohibiting continuation of proceedings in a case.
Why each option is right or wrong
- (a) Incorrect. A Writ of Prohibition is not directed at a government officer prohibiting a specific action. That is closer to the function of Mandamus (directing performance of a duty) or an injunction.
- (b) Incorrect. A Writ of Prohibition has nothing to do with passing laws on 'Prohibition' (alcohol ban). It is a judicial writ related to court proceedings, not legislative action.
- (c) CORRECT. A Writ of Prohibition is issued by the Supreme Court or High Courts to a lower court or tribunal, directing it to stop (prohibit) continuation of proceedings in a case beyond its jurisdiction.
- (d) Incorrect. A Writ of Prohibition is not directed at the Government to stop following an unconstitutional policy - that would typically be addressed through a Writ of Mandamus or a declaration.
Key point
Writ of Prohibition = issued to LOWER COURT/TRIBUNAL to STOP PROCEEDINGS (preventive). Contrast: Certiorari = issued to lower court to QUASH AN ORDER ALREADY PASSED (curative). Both deal with lower courts exceeding jurisdiction.
Remember
A Writ of Prohibition is issued by superior courts to lower courts or tribunals directing them to stop continuation of proceedings in cases beyond their jurisdiction.
Common mistakes
- Confusing Prohibition (stops ongoing proceedings) with Certiorari (quashes a completed order) - Prohibition is preventive, Certiorari is curative after the fact.
- Thinking Prohibition is directed at government officials - it is directed at lower courts or quasi-judicial tribunals, not executive officers.
- Confusing 'prohibition' the writ with 'prohibition' the policy (alcohol ban) - they are completely different; the writ derives from Latin 'prohibere' (to forbid continuation of proceedings).
Exam tip
Prohibition = prevents = stops BEFORE final order. Certiorari = corrects = quashes AFTER order is passed. Both target lower courts exceeding jurisdiction. Mandamus = commands positive duty. Habeas Corpus = release detained person. Quo Warranto = challenge to public office.
Sources
- Constitution of India - Article 32 (Supreme Court writs) and Article 226 (High Court writs)
- NCERT Class 11 Political Science - Chapter 2: Rights in the Indian Constitution