What is the Writ of Prohibition?
By BYJU'S Exam Prep
Updated on: November 9th, 2023
The Writ of Prohibition means “to forbid”. As a protection against the latter exceeding its jurisdiction or usurping it, a higher court grants it to a lower court or tribunal. Therefore, contrary to the mandamus, which governs activity, prohibition guides inaction. While prohibition commands inaction, Mandamus directs action. Simply put, when a subordinate court has considered a case outside of its jurisdiction, a higher court (such as the High Court or Supreme Court) will issue this writ.
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Writ of Prohibition
Alternative writs and peremptory writs are two categories of the writ of prohibition. The recipient of the optional writ is required to take immediate action or cease all activities and “show cause” as to why the order should not be made permanent. Simply said, when a lower court has reviewed a case outside of its purview, a higher court (such as the High Court or Supreme Court) will issue this writ.
- If a citizen of India’s fundamental rights has been violated, the Supreme Court or a High Court may issue a written order known as a “Writ” ordering them to pursue constitutional remedies.
- A citizen of India may file a petition with the Supreme Court of India and the High Court for constitutional remedies in accordance with Article 32 of the Indian Constitution if their fundamental rights have been violated.
Summary:
What is the Writ of Prohibition?
The Writ of Prohibition is brought into force to stop a prohibited act from happening. It is granted to a lower court or tribunal by a higher court as a protective measure against the latter to prevent any such prohibited act which results from the abuse of power. Permanent writ orders the recipient to act now or to cease all activities and “return” the writ with certification of compliance within a specified time.
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