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UPSC Prelims 2024 · Polity · Fundamental Rights & Writs
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to:
- (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.
Show the answer and explanation
Answer: (c) the lower court prohibiting continuation of proceedings in a case.
A higher court tells a lower court or tribunal to stop proceedings that exceed its jurisdiction.
The idea
Prohibition and certiorari are both against judicial and quasi-judicial bodies. Prohibition is preventive (while the case is pending); certiorari is curative (it quashes an order already made). Neither lies against a legislature or a private person.
Lower court exceeds jurisdiction → case pending → Prohibition → order passed → Certiorari
Why the others are wrong
(a) Prohibition does not lie against an executive officer. To stop an officer you would seek mandamus (to act) or other relief.
(b) A play on the word “prohibition” (liquor ban). Courts cannot direct a legislature to make a law.
(d) Striking down an unconstitutional policy is ordinary judicial review, not the writ of prohibition.
The trap
Option (b) plays on the everyday meaning of “prohibition”. Option (a) is mandamus territory.
🔒 Habeas corpus = produce the body · Mandamus = do your public duty · Prohibition = stop (pending) · Certiorari = quash (decided) · Quo warranto = by what authority?
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