Q. A Writ of Prohibition is an order issued by the Supreme Court or High Courts to : (UPSC Prelims 2024)
Answer:
the lower court prohibiting continuation of proceedings in a case.
Notes: The correct answer is
[C] the lower court prohibiting continuation of proceedings in a case. In the Indian legal system, the Supreme Court (under Article 32) and High Courts (under Article 226) can issue five types of writs to protect Fundamental Rights.
- Definition of Prohibition (Statement [C] – Correct): Literally meaning "to forbid," this writ is issued by a higher court to a lower court or a quasi-judicial body. Its primary purpose is to prevent the lower court from exceeding its jurisdiction or acting contrary to the rules of natural justice. It commands the inactive body to cease proceedings because it lacks the legal authority to hear the case.
- Government Officers (Statement [A] – Incorrect): A writ issued to a government officer to stop an action is usually a "Prohibitory Injunction" or, if related to a duty, a "Mandamus." Prohibition is specifically directed at judicial or quasi-judicial authorities, not administrative ones.
- Legislature (Statement [B] – Incorrect): Courts cannot issue a writ to the Parliament or State Assemblies to compel them to enact a specific law. This would violate the principle of separation of powers.
- Unconstitutional Policy (Statement [D] – Incorrect): While the Court can strike down unconstitutional policies through Judicial Review, the specific writ of Prohibition is not the instrument for policy-level bans against the Executive; it is strictly a "jurisdictional" remedy for court proceedings.
Key Distinction: Prohibition vs. Certiorari
While both are issued against lower courts,
Prohibition is "preventive" (issued while the case is pending to stop the proceeding), whereas
Certiorari is "curative" (issued after the order is passed to quash the decision).