Question

UPSC Prelims 2024 Question:

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

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

Answer (Detailed Solution Below)

Option 3: the lower court prohibiting continuation of proceedings in a case.

Detailed Solution

Explanation: 

  • Prohibition means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. The writ of prohibition can be issued only against judicial and quasi-judicial authorities.

  • It is issued when the lower court or tribunal acts without or in excess of jurisdiction or in violation of rules of natural justice or in contravention of fundamental rights. It can also be issued when a lower court or tribunal acts under a law that is itself ultra vires.

Therefore, option (3) is the correct answer.

Subject: Polity | Judiciary

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