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) the lower court prohibiting continuation of proceedings in a case.

Explanation

(a) a government officer prohibiting him from taking a particular action:
- This option is incorrect. The writ of prohibition is not issued to government officers but to lower courts or quasi-judicial bodies to prevent them from exceeding their jurisdiction or acting unlawfully .
(b) the Parliament/Legislative Assembly to pass a law on Prohibition:
- This option is incorrect. The writ of prohibition is not directed at legislative bodies to pass laws. It is specifically aimed at judicial or quasi-judicial authorities to stop them from proceeding with cases beyond their jurisdiction .
(c) the lower court prohibiting continuation of proceedings in a case:
- This option is correct. The writ of prohibition is issued by a higher court to a lower court or tribunal to prevent it from continuing proceedings in a case where it lacks jurisdiction or is acting contrary to the principles of natural justice .
(d) the Government prohibiting it from following an unconstitutional policy:
- This option is incorrect. The writ of prohibition is not used to prohibit government policies. It is specifically used to control the jurisdictional overreach of lower courts and quasi-judicial bodies .

Learn more

Definition and Purpose:
- The writ of prohibition is a judicial order issued by a higher court to a lower court or tribunal, directing it to cease proceedings in a case that falls outside its jurisdiction or violates the principles of natural justice .
Jurisdiction:
- It is issued by the Supreme Court under Article 32 and by the High Courts under Article 226 of the Indian Constitution .
Scope:
- The writ can only be issued against judicial and quasi-judicial authorities and not against administrative authorities, legislative bodies, or private individuals .
Historical Context:
- The writ of prohibition has its roots in English common law and was historically used to control the jurisdiction of ecclesiastical courts by common law courts .
Grounds for Issuance:
- It is typically sought when there is a lack of jurisdiction, excess of jurisdiction, or a violation of natural justice such as denial of a fair hearing or bias .
Comparison with Certiorari:
- While the writ of prohibition is used to stop ongoing proceedings, the writ of certiorari is used to quash a decision already made by a lower court or tribunal .
Case Laws:
- Notable cases include Brij Khandelwal v. India (1975), S. Govind Menon v. Union of India (1967), and Hari Vishnu v. Syed Ahmed Ishaque (1955), which illustrate the application and scope of the writ of prohibition in India.