Omar Bennett
The Indian Constitution grants all Indian citizens fundamental rights, which are outlined in Articles 12-35. If these rights are violated, citizens can seek constitutional remedies by filing writ petitions to the High Court or Supreme Court under Articles 226 and 32. One such writ is the writ of prohibition, which is issued by a higher court to a lower court to prevent it from acting without proper jurisdiction or misusing its power. The writ of prohibition is a preventive measure, serving to restrict or prevent courts from acting against their jurisdiction or breaching their powers.
Characteristics and Values of Prohibition in the Indian Constitution
| Characteristics | Values |
|---|---|
| Type | Writ |
| Purpose | To prevent or forbid an act |
| Applicability | Judicial and quasi-judicial authorities |
| Issuing Authority | Supreme Court or High Court |
| Articles | 32 and 226 of the Indian Constitution |
| Grounds for Issuance | Excess of authority, lack of jurisdiction, violation of natural justice |
| Preventative Measure | Yes |
| Remedy | No |
| Prohibition vs. Certiorari | Minor differences; Prohibition is preventive, Certiorari is remedial |
| Prohibited Grounds for Discrimination | Religion, race, caste, sex, place of birth |
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What You'll Learn
- Prohibition writs are issued by higher courts to prevent lower courts from acting without jurisdiction
- Writs are issued when citizens' fundamental rights are violated
- Writs are formal written orders issued by the Supreme Court or High Court
- Prohibition writs are a preventive measure, not a remedy
- Prohibition writs are issued when there is an excess of authority or lack of jurisdiction
Prohibition writs are issued by higher courts to prevent lower courts from acting without jurisdiction
The Indian Constitution grants all Indian citizens inherent fundamental rights, as mentioned under Article 12-35. If any Indian citizen's fundamental rights are violated, they can seek constitutional remedies by filing writ petitions to the High Court or Supreme Court under Articles 226 and 32.
One such writ is the writ of prohibition, which is issued by higher courts to prevent lower courts from acting without jurisdiction. The writ of prohibition is issued under particular conditions, such as when a lower court acts without jurisdiction or exceeds its jurisdiction, violates natural justice standards, or goes against its powers. It can only be issued against judicial and quasi-judicial authorities, and not against administrative authorities, legislative bodies, or private individuals or bodies.
The writ of prohibition serves as a preventive measure rather than a remedy. It is issued by the Supreme Court under Article 32 or by the High Court under Article 226. The purpose of the writ is to prevent or forbid an act, and it can be used to stop lower courts or tribunals from issuing orders or carrying out an act ordered by the higher courts.
The writ of prohibition is often compared to the writ of certiorari, which is also used to limit the power of public authorities. One major difference between the two writs is the stage at which they can be issued. The writ of prohibition can be issued during the proceeding of an inferior court, while the writ of certiorari can only be issued after the proceeding has finished and a final verdict has been given.
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Writs are issued when citizens' fundamental rights are violated
The Indian Constitution grants its citizens fundamental rights, which are outlined in Part III of the Constitution. These rights include the right to equality, right to life and liberty, and individual liberty against unlawful detention.
To protect these rights, the Constitution allows citizens to file a writ petition with the Supreme Court or a High Court if their rights are violated. Writs are formal written orders issued by a court with the authority to do so. They are issued by the Supreme Court under Article 32 of the Constitution and by the High Court under Article 226.
There are five types of writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. Each of these writs serves a specific purpose in upholding citizens' fundamental rights. For example, the writ of Habeas Corpus is used to enforce individual liberty against unlawful detention, while the writ of Mandamus is issued to compel an authority to resume its work.
The writ of Prohibition is particularly relevant when it comes to preventing the violation of citizens' fundamental rights. This writ is issued to lower courts or tribunals to prevent them from acting outside their jurisdiction or misusing their power. It is a preventive measure to stop courts from proceeding with a case until proper jurisdiction is established.
In summary, writs are an essential tool in the Indian Constitution to uphold the fundamental rights of citizens. They are issued by the Supreme Court and High Court when citizens' rights have been violated, with the writ of prohibition playing a key role in maintaining the proper exercise of power by lower courts.
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Writs are formal written orders issued by the Supreme Court or High Court
The Indian Constitution grants its citizens certain fundamental rights, which are outlined in Articles 12-35. If these rights are violated, citizens can seek constitutional remedies by filing writ petitions to the High Court or Supreme Court under Articles 226 and 32 of the Indian Constitution.
There are five kinds of writs: Habeas Corpus, Mandamus, Certiorari, Quo Warranto, and Prohibition. Each serves distinct purposes in protecting individual rights and ensuring the proper functioning of public authorities. These writs are mechanisms through which courts can intervene in cases of unlawful actions or omissions by the government and its agencies.
The writ of Habeas Corpus is used to enforce the fundamental right of individual liberty against unlawful detention. Through Habeas Corpus, the Supreme Court or High Court orders an individual or authority that has arrested or detained another person to bring the detainee before the court. The court then examines the reasons and legality of the detention, and if it is found to be unlawful, the detainee is released immediately.
The writ of Mandamus is issued by the court to compel an authority to resume its work. The literal meaning of this writ is 'We command'. Mandamus can be issued against public bodies, corporations, inferior courts, tribunals, or governments that have failed to perform their duty or refused to do so.
The writ of Certiorari is issued by a higher court to a lower court or tribunal, ordering them to transfer a case to the higher court or to quash the lower court's order. Certiorari is usually issued when there has been an excess or lack of jurisdiction, or when there is an error in the application of law.
The writ of Quo Warranto is issued by a court to inquire into the legality of a person's claim to hold a public office. Unlike other writs, Quo Warranto can be filed by any interested person, not just the individual directly affected by the usurpation of the office.
The writ of Prohibition is issued when a lower or subordinate court or tribunal acts without jurisdiction or exceeds its jurisdiction. It can also be issued when a court acts against its powers or in violation of natural justice. The writ of prohibition serves as a preventive measure rather than a remedy, and it will be issued by either the Supreme Court or High Court depending on the circumstances.
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Prohibition writs are a preventive measure, not a remedy
The Indian Constitution grants all Indian citizens inherent fundamental rights, as outlined in Articles 12–35. If a citizen's fundamental rights are violated by the state or a private body, they can seek remedies by filing writ petitions to the High Court or Supreme Court under Articles 226 and 32. One such writ is the writ of prohibition.
The writ of prohibition is a legal term that implies 'to prohibit, prevent, forbid, or restrain' and is also known as a 'Stay Order'. It is issued by a higher court against a lower court or tribunal to prevent them from acting beyond their jurisdiction or legal authority, or from violating the rights of the parties involved. The writ of prohibition is a preventive measure, ensuring that lower courts or tribunals operate within the boundaries of their jurisdiction and adhere to the principles of justice. It is not a remedy for past actions but rather a directive for future conduct.
The writ of prohibition is issued under specific conditions, such as when a lower court or tribunal acts without jurisdiction or exceeds its jurisdiction, also known as a jurisdictional error. It can also be issued if a lower court or tribunal goes against its powers or violates natural justice standards. In such cases, a writ of prohibition can be filed in the High Court or the Supreme Court of India, depending on the circumstances. The writ of prohibition serves as a check on the power of lower courts, ensuring they act within their legal authority.
The writ of prohibition is distinct from the writ of certiorari, which is also used to limit the power of public authorities. The writ of prohibition is issued during the proceedings of an inferior court that lacks jurisdiction, while the writ of certiorari is issued after the proceedings have concluded and a final verdict has been provided. The writ of prohibition is a preventive measure to stop future harm or injustice, while the writ of certiorari is a corrective remedy to nullify orders and judgments of lower courts.
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Prohibition writs are issued when there is an excess of authority or lack of jurisdiction
The Indian Constitution grants all Indian citizens inherent fundamental rights, which are outlined in Articles 12-35. If any of these rights are violated by the State or a private body, citizens can seek constitutional remedies by filing writ petitions to the High Court or Supreme Court under Articles 226 and 32.
One such writ is the writ of prohibition, which is issued by a higher court to a lower court to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. In other words, it is issued when there is an excess of authority or lack of jurisdiction.
The writ of prohibition can be issued when a lower court or tribunal:
- Acts without jurisdiction or exceeds its jurisdiction (jurisdictional error)
- Goes against its powers (acts as an invalid law)
- Violates natural justice standards (failure of natural justice, which is equity and equality)
- Does not support truthful judgments with evidence
The writ of prohibition is a preventive measure rather than a remedy, and it can only be issued against judicial and quasi-judicial authorities. It cannot be issued against administrative authorities, legislative bodies, or private individuals or bodies.
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Frequently asked questions
A writ of prohibition is a written order issued by the Supreme Court or High Court to prevent a lower court or tribunal from issuing orders or carrying out an act ordered by the higher courts. It is issued when the lower court or tribunal acts without jurisdiction or exceeds its jurisdiction.
A writ of prohibition is issued when the lower courts or tribunals:
- Act without jurisdiction or exceed their jurisdiction
- Go against their powers
- Violate natural justice standards
- Do not support truthful judgments with evidence
A writ of prohibition is issued during the proceeding of an inferior court which has no jurisdiction over that particular proceeding. A writ of certiorari, on the other hand, is issued only after a proceeding has finished and a final verdict has been given.
