๐Ÿ“˜ Q.16 IAS Prelims 2024 โ€” Polity & Governance: Writ of Prohibition


๐Ÿ“ 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


โœ… Correct Answer: (c)


๐Ÿง  Indexive Theme of the Question

Judicial Remedies | Writ Jurisdiction | Articles 32 & 226 | Control over Subordinate Courts


๐Ÿง‘โ€๐Ÿซ 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.

๐Ÿ”น 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

๐Ÿ” 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

๐Ÿงพ Why Option (c) is Correct

โœ” 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.


โŒ Why Other Options are Incorrect

  • (a) Government officers are administrative authorities โ†’ Prohibition does not lie.
  • (b) Courts cannot direct legislatures to pass laws โ†’ violates separation of powers.
  • (d) Unconstitutional policies are addressed via judicial review, not prohibition.

๐Ÿง  Prelims Memory Hook

Prohibition = โ€œSTOP before you exceedโ€
(Issued before judgment, to lower courts only)


๐Ÿง˜ IAS Monk Whisper

Justice is not only about correcting wrongs already done, but also about preventing wrongs before they take form.

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