Civil Services Prep

Prelims 2024 · Polity and Constitution · Question 23

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

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

Answer

the lower court prohibiting continuation of proceedings in a case.

  • (a) A writ of Prohibition is not generally issued to a government officer to stop any administrative action. It is directed mainly to judicial or quasi-judicial bodies to prevent excess of jurisdiction. Verdict: Incorrect.
  • (b) Courts do not issue a writ of Prohibition to Parliament/State Legislature to make a law on prohibition. This has nothing to do with the constitutional writ. Verdict: Incorrect.
  • (c) A writ of Prohibition is issued by the Supreme Court or High Court to a lower court/tribunal to stop proceedings when it is acting without or in excess of jurisdiction. Verdict: Correct.
  • (d) It is not issued to the government to stop an unconstitutional policy in this form; such issues are addressed through other judicial remedies, not specifically the writ of Prohibition. Verdict: Incorrect.
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