Previous Year Question

A Writ of Prohibition is issued by a superior court to an inferior court or a judicial/quasi-judicial tribunal. It prevents the subordinate body from continuing pending proceedings that:

• Fall outside its jurisdiction;

• Exceed the limits of its jurisdiction;

• Involve a manifest violation of law; or

• Violate the principles of natural justice.

Constitutional basis

• Article 32: The Supreme Court may issue writs for enforcement of Fundamental Rights.

• Article 226: High Courts may issue writs for enforcement of Fundamental Rights as well as other legal rights.

• The writ jurisdiction of High Courts under Article 226 is therefore wider than the Supreme Court’s jurisdiction under Article 32.

Prohibition and Certiorari distinguished

• Prohibition: Primarily preventive. It stops an inferior court or tribunal from proceeding further before the proceedings are completed.

• Certiorari: Primarily corrective. It is ordinarily used to quash an order already made by an inferior court or tribunal without jurisdiction or in violation of law.

Examination of the options

• Option (a) is incorrect: A command requiring a public officer to perform a statutory duty is generally issued through Mandamus. The specific object of Prohibition is an inferior court or tribunal.

• Option (b) is incorrect: Courts do not use a Writ of Prohibition to direct Parliament or a Legislative Assembly to enact a law.

• Option (c) is correct: It prevents an inferior court or tribunal from continuing proceedings outside its lawful jurisdiction.

• Option (d) is incorrect: An unconstitutional government policy may be challenged through other appropriate constitutional remedies, but this is not the specific definition of Prohibition.