📘 Q.16 IAS Prelims 2024 — Polity & Governance: Writ of Prohibition
📍 The Question
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
✅ Correct Answer: (c)
🧠 Indexive Theme of the Question
Judicial Remedies | Writ Jurisdiction | Articles 32 & 226 | Control over Subordinate Courts
🧑🏫 Classroom Explanation
A Writ of Prohibition is a preventive writ issued by a Superior Court (Supreme Court or High Court) to a lower court, tribunal, or quasi-judicial authority.
🔹 Purpose:
To stop the lower authority from continuing proceedings when it is acting:
- Without jurisdiction
- In excess of jurisdiction
- In violation of principles of natural justice
🔍 Key Characteristics of Writ of Prohibition
- It is issued before the final order is passed (preventive, not corrective).
- It is issued only against judicial or quasi-judicial authorities.
- It directs inactivity (contrast with Mandamus, which directs action).
- It cannot be issued against:
- Administrative authorities
- Legislative bodies
- Private individuals
🧾 Why Option (c) is Correct
✔ Option (c) correctly states that the writ is issued to lower courts prohibiting continuation of proceedings in a case where jurisdiction is lacking or exceeded.
❌ Why Other Options are Incorrect
- (a) Government officers are administrative authorities → Prohibition does not lie.
- (b) Courts cannot direct legislatures to pass laws → violates separation of powers.
- (d) Unconstitutional policies are addressed via judicial review, not prohibition.
🧠 Prelims Memory Hook
Prohibition = “STOP before you exceed”
(Issued before judgment, to lower courts only)
🧘 IAS Monk Whisper
Justice is not only about correcting wrongs already done, but also about preventing wrongs before they take form.