A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Detailed Explanation:
Answer: Option 3 — the lower court prohibiting continuation of proceedings in a case.
A Writ of Prohibition is issued by the Supreme Court or High Courts to a lower court or tribunal to prevent it from continuing proceedings in a case where it lacks jurisdiction or is acting contrary to law. It is a preventive remedy, stopping the lower court from exceeding its authority before a final decision is made.
📝 Short Notes: Writ of Prohibition
- Definition: A judicial order issued by higher courts (Supreme Court or High Courts) to lower courts or tribunals to stop proceedings in a case where the lower court is exceeding its jurisdiction.
- Nature: It is a preventive writ, meaning it stops the proceedings before the lower court makes a decision, unlike Certiorari which is issued after a decision.
- Constitutional Basis: Under Article 32 (Supreme Court) and Article 226 (High Courts), writs including Prohibition can be issued for enforcement of Fundamental Rights and other purposes.
- Scope: Applies only to judicial and quasi-judicial bodies, not to administrative authorities or legislative bodies.
- Purpose: To ensure that courts and tribunals operate within their legal jurisdiction and do not violate principles of natural justice.
- Comparison with other Writs: While Prohibition prevents future action, Certiorari quashes past decisions. Mandamus compels performance of duty, while Habeas Corpus relates to personal liberty.
- Example: If a civil court begins hearing a matter that legally falls under criminal jurisdiction, a Writ of Prohibition can halt the proceedings.
| Writ Type | Purpose | When Issued | Against Whom |
|---|---|---|---|
| Prohibition | Prevent excess of jurisdiction | Before judgment (preventive) | Lower courts/tribunals |
| Certiorari | Quash unlawful orders | After judgment (curative) | Lower courts/tribunals |
| Mandamus | Compel performance of duty | When duty is not performed | Public officials/bodies |
| Habeas Corpus | Protect personal liberty | Unlawful detention | Detaining authority |
| Quo Warranto | Check usurpation of office | Illegal occupation of office | Person holding office |
Question 1 of 6 Jurisdiction and Powers
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