A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Contents7
- Aa government officer prohibiting him from taking a particular action.
- Bthe Parliament/ Legislative Assembly to pass a law on Prohibition.
- Cthe lower court prohibiting continuation of proceedings in a case.
- Dthe Government prohibiting it from following an unconstitutional policy.
Show answer
Answer: (C) the lower court prohibiting continuation of proceedings in a case.
Correct Answer: (c) A lower court, prohibiting continuation of proceedings.
A Writ of Prohibition is issued by the Supreme Court or High Court to STOP a lower court or tribunal from continuing a case that is beyond its jurisdiction.
Think of it as saying 'Stop! You don't have the authority to hear this case.'
Key points:
- It can only be issued against judicial and quasi-judicial bodies (courts, tribunals).
- It CANNOT be issued against administrative authorities, legislatures, or private persons.
- It is the opposite of Mandamus — Prohibition says 'don't do it,' while Mandamus says 'do it.'
A Writ of Prohibition can only be issued against judicial and quasi-judicial bodies like courts and tribunals, never against executive authorities or legislatures.
The key trap is distinguishing Prohibition from other writs - it specifically stops lower courts from exceeding their jurisdiction, while Mandamus compels action and Certiorari quashes decisions already made.
Writ of Prohibition
Indian Polity Writ of Prohibition lower court prohibiting continuation of proceedings
Writ of Prohibition: Control over Lower Courts
Prohibition stops lower courts from hearing cases beyond their jurisdiction
Issued only against judicial and quasi-judicial bodies, not administrative authorities
Available under Article 32 (Supreme Court) and Article 226 (High Courts)
Opposite of Mandamus - Prohibition says 'don't do it', Mandamus says 'do it'
What is Prohibition
Prohibition is a writ that commands a lower court or tribunal to stop proceedings in a case where it lacks proper jurisdiction. It acts as a judicial brake, preventing courts from overstepping their authority.
Key Features vs Scope
Aspect | Details | Example |
|---|---|---|
Target | Lower courts, tribunals, quasi-judicial bodies | District court hearing a case meant for High Court |
Purpose | Stop proceedings beyond jurisdiction | Preventing a civil court from hearing service matters |
Cannot target | Administrative authorities, Legislature, Private persons | Cannot stop a minister from policy decisions |
Timing | Before or during proceedings | Can be filed when case is wrongly admitted |
Effect | Immediately stops the proceedings | Lower court must cease hearing the case |
Question Context
This question tests whether students understand Prohibition targets courts, not government officers or legislatures. The trap options confuse it with other writs or general legal orders.
Trap: Confusing Prohibition with Mandamus - Prohibition stops action, Mandamus compels action
Trap: Thinking Prohibition can target government officers - it only targets judicial bodies
Trap: Assuming it can direct Parliament to pass laws - writs don't control legislative functions
Trap: Believing it stops government policies - it only stops court proceedings beyond jurisdiction
Five Constitutional Writs
Indian Polity
Five Constitutional Writs: Complete Classification
Five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto
Supreme Court issues under Article 32, High Courts under Article 226
Prohibition and Certiorari target only judicial bodies, others can target administrative authorities too
Complete Writ Classification
Writ | Purpose | Target | Key Feature |
|---|---|---|---|
Habeas Corpus | Release from illegal detention | Any detaining authority | Produces the person before court |
Mandamus | Compel performance of duty | Public officials, authorities | Commands 'do your duty' |
Prohibition | Stop proceedings beyond jurisdiction | Lower courts, tribunals only | Prevents future action |
Certiorari | Quash orders of lower courts | Lower courts, tribunals only | Reviews past decisions |
Quo Warranto | Challenge illegal appointment | Person holding public office | Questions 'by what authority' |
Writ Targets & Scope
# Constitutional Writs
## Against Courts Only
- Prohibition - stops proceedings
- Certiorari - quashes orders
## Against Officials/Authorities
- Mandamus - compel duty
- Habeas Corpus - release person
- Quo Warranto - challenge appointment
## Issuing Authority
- Supreme Court (Art 32)
- High Courts (Art 226)Trap: Mixing up Prohibition (prevents future action) and Certiorari (reviews past action)
Trap: Thinking Mandamus can target courts - it targets administrative authorities primarily
Trap: Confusing Quo Warranto with other writs - it specifically challenges appointments
Common error: All writs can target anyone - Prohibition and Certiorari only target judicial bodies