QUESTION

Easy

Indian Polity

Prelims 2024

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

Select an option to attempt

Explanation

Writ of Prohibition:

  • It is a judicial order issued by a higher court (Supreme Court or High Court) to a lower court or tribunal.

  • It prevents the lower court from exceeding its jurisdiction or acting contrary to law.

  • Purpose: To stop ongoing proceedings in a case where the lower court lacks jurisdiction or violates legal procedures.

  • Nature: It is preventive, ensuring the lower court does not act unlawfully rather than correcting a wrong decision after it has occurred.

  • Example: If a tribunal starts hearing a case that legally falls under the jurisdiction of a civil court, the Writ of Prohibition can halt such proceedings.

  • Comparison with Certiorari: Prohibition is issued before judgment to stop proceedings, whereas Certiorari is issued after judgment to quash orders passed unlawfully.

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