UPSC Prelims 2024 Q83: Writ of Prohibition — Explained
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to:
- a government officer prohibiting him from taking a particular action.
- the Parliament/Legislative Assembly to pass a law on Prohibition.
- the lower court prohibiting continuation of proceedings in a case.
- the Government prohibiting it from following an unconstitutional policy.
Answer: (c) the lower court prohibiting continuation of proceedings in a case.
Statement-wise explanation
- a: incorrect — Prohibition is not the writ for restraining an ordinary government officer from an administrative act. It is directed at a court, tribunal or quasi-judicial body that is about to act beyond its jurisdiction. If a public officer must be ordered to perform a legal duty, the remedy is mandamus. An executive action can also be challenged in other ways, such as an injunction or a writ quashing the action.
- b: incorrect — This option plays on the two meanings of 'prohibition'. Prohibition of intoxicating drinks is a Directive Principle under Article 47, and courts cannot direct Parliament or a State Legislature to make any law. The writ of prohibition has nothing to do with liquor policy. It is never issued to a legislature.
- c: correct — Articles 32(2) and 226(1) name prohibition among the five writs. A higher court (the Supreme Court or a High Court) issues it to a lower court or tribunal. It orders that court to stop proceedings that exceed its jurisdiction or breach natural justice. It is preventive: it is issued while the case is still pending, before a final order.
- d: incorrect — Courts can strike down an unconstitutional policy through judicial review. That is not done through a writ of prohibition. Prohibition does not lie against the executive or the legislature as such. It controls only bodies that exercise judicial or quasi-judicial functions.
How to eliminate
You can eliminate three options with basic knowledge. Option (b) falls first: no court can order a legislature to pass a law, and the word 'Prohibition' here is a pun on liquor prohibition (Article 47). Option (d) describes judicial review of policy in general, not a specific writ. Between (a) and (c), remember that every writ has a typical target. Mandamus commands a public official to do a duty. Quo warranto asks an office-holder by what authority they hold office. Prohibition and certiorari are both addressed by a higher court to a lower court or tribunal. Fact to remember: prohibition stops a lower court during the proceedings (preventive), and certiorari quashes its order after the decision (curative).
Know more
Writs under the Constitution
Article 32(2) lets the Supreme Court issue directions, orders or writs, 'including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari'. The Supreme Court can do this only to enforce Fundamental Rights. Article 226(1) gives every High Court the same five writs. A High Court can issue them 'to any person or authority, including in appropriate cases, any Government', both to enforce Part III rights and 'for any other purpose'. That makes the High Courts' writ jurisdiction wider than the Supreme Court's. Article 32 is itself a Fundamental Right, and Article 32(4) says it cannot be suspended except as the Constitution provides.
| Writ | Meaning | Issued to | Purpose |
|---|---|---|---|
| Habeas corpus | 'To have the body' | Anyone detaining a person, public or private | Release from unlawful detention |
| Mandamus | 'We command' | Public official, body, lower court | Perform a public duty |
| Prohibition | 'To forbid' | Lower court, tribunal, quasi-judicial body | Stop proceedings beyond jurisdiction |
| Certiorari | 'To be certified' | Lower court, tribunal, quasi-judicial body | Quash an order already passed |
| Quo warranto | 'By what authority' | Holder of a public office | Test their legal right to the office |
Prohibition vs certiorari. Both let a superior court supervise inferior judicial bodies. Prohibition is preventive: it is issued while proceedings are pending, to stop them. Certiorari is curative: it is issued after a decision, to quash it. If a lower court has already partly decided a case, both may be sought together. Prohibition cannot be used against the legislature, against purely administrative officers, or against private persons.
NCERT Concepts to Revise
- Writ of prohibition: The question asks directly what this writ does and to whom it is addressed.
- Writ: Knowing what a writ is in general helps you test each option's addressee: officer, legislature, lower court or government.
- Mandamus: Mandamus is the writ usually confused with this one in the options about officers and the government.
- Writ jurisdiction of High Courts: Article 226 is one of the two sources of the writ power named in the question's 'Supreme Court or High Courts'.
- Right to constitutional remedies: Article 32 is the source of the Supreme Court's power to issue this writ.
- Quo warranto: Quo warranto is one of the five writs; knowing its target helps you match each writ to the right addressee.