What is the writ of Prohibition?

By Ritesh|Updated : September 6th, 2022

The exact meaning of the word "prohibit" is "to forbid." A higher court gives it to a lesser court or tribunal as a safeguard against the latter's overstepping its bounds or usurping authority. Therefore, prohibition directs inaction instead of the mandamus, which controls activity.

The Writ of Prohibition

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.

  • Writs are written orders issued by the Supreme Court or a High Court directing Indian citizens to pursue constitutional remedies if their fundamental rights have been violated.
  • Following Article 32 of the Indian Constitution, a citizen of India may petition the Supreme Court of India and the High Court for constitutional remedies if their fundamental rights have been violated.

Summary:

What is the writ of Prohibition?

The writ of Prohibition means "to forbid." It is granted to a lower court or tribunal by a higher court as a protection against the latter exceeding its power or usurping it.

  • Mandamus, on the other hand, guides activity, whereas prohibition directs inaction.
  • Simply put, a higher court (such as the High Court or Supreme Court) will issue this writ when a lower court has considered a case beyond its jurisdiction.

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