Question 9 from UPSC CSE 2024 - Polity & Governan ce

Question

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to:

IASCODEX · Accepted Answer

Correct Option: C. the lower court prohibiting continuation of proceedings in a case

Strategy: Identify the target and purpose of the writ of prohibition. This writ is always directed at lower courts or tribunals to prevent them from exceeding jurisdiction. Options involving government officers, legislatures, or policy are outside its scope; thus, select the option that directly matches a court-to-court prohibition, aligning with its constitutional function.

Key Info: ## Writ of Prohibition

The writ of prohibition is a constitutional remedy available under Articles 32 and 226 of the Indian Constitution. It is issued exclusively by the Supreme Court or High Courts.

### Purpose and Nature
*   Its primary goal is to prevent inferior courts, tribunals, or quasi-judicial authorities from exceeding their jurisdiction or acting contrary to law.
*   It halts ongoing proceedings *before* they are completed, making it a preventive writ. This distinguishes it from certiorari, which is a corrective writ issued *post-judgment*.

### Scope and Limitations
*   **Available Against:** Inferior courts, tribunals, quasi-judicial authorities.
*   **Not Available Against:** Administrative authorities, legislative bodies (like Parliament or Legislative Assemblies), or private entities.

### Constitutional Writs in India
The five writs recognized by the Indian Constitution are:
*   Habeas Corpus
*   Mandamus
*   Prohibition
*   Quo Warranto
*   Certiorari

While both Prohibition and Certiorari address jurisdictional errors, they differ in their timing and remedial scope. These writs serve as fundamental safeguards in India for enforcing the rule of law and preventing the misuse of judicial authority.

IASCODEX · Answer

Option A: a government officer prohibiting him from taking a particular action

IASCODEX · Answer

Option B: the Parliament/Legislative Assembly to pass a law on Prohibition

IASCODEX · Answer

Option D: the Government prohibiting it from following an unconstitutional policy