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UPSC Prelims 2024 Q83: Indian Polity – Judiciary

UPSC Prelims 2024, General Studies Paper I · Indian Polity

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to:
  1. (a) a government officer prohibiting him from taking a particular action
  2. (b) the Parliament/Legislative Assembly to pass a law on Prohibition
  3. (c) the lower court prohibiting continuation of proceedings in a case
  4. (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:

WritIssued AgainstPurpose
Habeas CorpusExecutive/State authorityRelease an illegally detained person
MandamusPublic authority, inferior court, corporationPerform a mandatory public duty
CertiorariInferior court/quasi-judicial bodyQuash an order already passed
ProhibitionLower court/tribunalStop ongoing proceedings (before final order)
Quo WarrantoPerson holding public officeShow 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

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

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

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