Q. With reference to the writs issued by the Courts in India, consider the following statements:
1.Prohibition is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
2.The writ of prohibition can be issued against administrative authorities, legislative bodies, and private individuals or bodies.
3.The writ of Prohibition is issued only when the proceedings are ongoing and not after the final order has been passed by the lower court or tribunal.
Which of the statements given above is/are correct?
Quarterly-SFG-Jan-to-March
Red Book

[A] 1 and 2

[B] 2 only

[C] 1 and 3

[D] 3 only

Answer: C
Notes:

Explanation:

  • Prohibition is a writ issued by a higher court to a lower court or tribunal.
  • Its purpose is to prevent the lower body from exceeding its jurisdiction or exercising a jurisdiction it does not legally possess.
  • Unlike the writ of mandamus, which directs action, prohibition directs inaction. It ensures that judicial or quasi-judicial bodies do not act beyond their legal authority.
  • It can be issued against: Judicial authorities (courts) and Quasi-judicial authorities (tribunals).
  • It cannot be issued against: Administrative authorities, Legislative bodies and Private individuals or organizations.
  • It is issued during ongoing proceedings to prevent unlawful actions before a final decision or judgment is made. This sets it apart from the writ of certiorari, which is issued after a decision has already been rendered.

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