A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
- (a) a government officer prohibiting him from taking a particular action.
- (b) the Parliament/Legislative Assembly to pass a law on Prohibition.
- (c) the lower court prohibiting continuation of proceedings in a case. ✓ UPSC's answer
- (d) the Government prohibiting it from following an unconstitutional policy.
Why the answer is (c)
• Prohibition literally means 'to forbid'; the writ is issued by a higher court to a lower court or tribunal to stop it from exceeding its jurisdiction or usurping a jurisdiction it does not have — option (c).
• It is preventive (issued while proceedings are pending), unlike certiorari, which is corrective and quashes an order already passed.
• Prohibition lies only against judicial and quasi-judicial bodies, not against administrative authorities, legislatures or private persons — so options (a), (b) and (d) are wrong.
• To stop a government officer's action one would seek mandamus or certiorari, not prohibition.
• Hence option (c).
Why the other options are wrong
- (a) a government officer prohibiting him from taking a particular action.
- Prohibition does not lie against administrative officers; that would be mandamus.
- (b) the Parliament/Legislative Assembly to pass a law on Prohibition.
- Courts cannot direct legislatures to pass laws; this is not what prohibition means.
- (d) the Government prohibiting it from following an unconstitutional policy.
- Prohibition is directed at courts and tribunals, not at government policy.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2024, held on 16 June 2024. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.