Prohibition is a writ issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping jurisdiction that it lacks. It means 'to forbid'. It is preventive in nature. It prohibits courts, tribunals, quasi-judicial bodies, and other officers from acting beyond their jurisdiction or exercising powers not delegated to them. This article explains the Prohibition writ which is important for UPSC Indian Polity Preparation.

Meaning of Prohibition

• Prohibition literally means 'to forbid.'
• It cannot be enforced against administrative agencies, statutory bodies, or private individuals or businesses. It is only applicable to judicial and quasi-judicial entities.
• It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping the jurisdiction that it lacks.
• In contrast to the mandamus, which directs activity, the prohibition directs inactivity.

Prohibition - Constitutional Provisions

• Under Article 32, the Supreme Court can issue writs of habeas corpus, mandamus, prohibition, certiorari, and quo-warranto.
• A prohibition writ may be issued by any High Court or the Supreme Court of India dealing with Articles 226 or 32 of the Indian Constitution, respectively.
• It is issued against subordinate courts, tribunals, inferior courts, or quasi-judicial entities in order to limit or prohibit them from acting against jurisdiction or exercising powers that infringe fundamental rights.
• This type of writ is issued when the jurisdictions or powers of these Courts are exceeded.
• It is also known as a 'Stay Order.' This writ limits or prevents them from performing an act.

The grounds for issuing a Writ of Prohibition

A prohibition writ is issued under specific circumstances where the lower or subordinate court or tribunal-

• Absence or excess of jurisdiction – where there is a total lack of jurisdiction or an absence of jurisdiction.
• Natural justice violation – When the principles of natural justice are not followed, or when they are followed, there is a violation of those principles.
  • For instance, if the opposing party was not served with the notice and was not heard.
• Unconstitutionality of Statute – A writ of prohibition can be issued against any tribunal or court that proceeds to act under a law that is ultra vires or unconstitutional.
• Infringement of Fundamental Rights – If the contested action violates any of the petitioner's fundamental rights, a writ of prohibition can be issued.
• Legal blunder on the surface of the record

Difference between writ of Prohibition and Certiorari

Important Judgements

1. East India Commercial Co. Ltd. v. Customs Collector

The Supreme Court made the observation that a writ of prohibition is an order directing inferior courts and tribunals to stop proceeding on the grounds that are taking place with excess or lack of jurisdiction.

2. S. Govinda Menon vs. Union of India

• In this case, the Supreme Court explained the court's jurisdiction to grant a writ of prohibition.
• It stated that the power to issue a writ of prohibition is primarily supervisory, and the primary goal of the writ of prohibition is to prevent inferior courts or tribunals from exceeding their jurisdictional limits.

Significance

• It is well-settled law derived from decided cases that writ of prohibition exists not only in cases of excess of jurisdiction or abuse of judicial power, but also in cases where actions are taken in violation of Natural Justice rules.
• When there is an error of law, a writ of prohibition cannot be issued unless the error causes it to go outside its jurisdiction.
• Where the proceedings of inferior courts fall partly within and partly outside the jurisdiction, the writ of prohibition will lie to the extent of the excess of jurisdiction.

Conclusion

Writ of prohibition serves as a guardian of legal boundaries, ensuring that lower courts and authorities operate within their prescribed limits. By preventing overreach and unlawful actions, it upholds the integrity of the judicial system and protects individuals from unwarranted legal proceedings. This remedy exemplifies the checks and balances inherent in the legal framework, reinforcing the principles of justice, fairness, and the rule of law.

FAQs

Question: What is the concept of Prohibition in Indian Polity?

Question: Which part of the Indian Constitution mentions Prohibition?

Question: How is Prohibition enforced in India?

Question: What are the challenges of implementing Prohibition in India?

Question: What are the arguments in favor of Prohibition?

MCQs

1. Prohibition in India is primarily mentioned under which article of the Constitution?

A) Article 21

B) Article 47

C) Article 370

D) Article 51A

2. Which Indian state has a complete prohibition on alcohol?

A) Maharashtra

B) Tamil Nadu

C) Gujarat

D) West Bengal

3. Prohibition laws in India are enforced at the:

A) National level by the central government

B) State level, as liquor regulation falls under the State List

C) Local municipal level only

D) International treaties

4. One of the challenges of enforcing Prohibition is:

A) Reduction in government revenue

B) Easy enforcement across all states

C) Complete public support for Prohibition

D) Increased production of legal liquor

5. The Directive Principles of State Policy aim to:

A) Provide enforceable laws for citizens

B) Direct the state to promote the health and welfare of the people, including through measures like Prohibition

C) Only focus on economic policies

D) Restrict personal freedom

GS Mains Questions and Model Answers

Q1: Discuss the constitutional provisions related to Prohibition in India and their implications for state policies.

Answer: Prohibition in India is guided by Article 47 of the Directive Principles of State Policy (DPSP), which directs the state to work towards prohibiting intoxicating drinks and drugs harmful to health. Although not enforceable by law, it reflects the state's duty to promote public health and social welfare. States like Gujarat, Bihar, and others have enacted prohibition laws under their constitutional powers, as liquor regulation falls under the State List. Prohibition policies aim to reduce alcohol-related issues but face challenges like loss of revenue, illegal liquor trade, and enforcement difficulties. The implementation of Prohibition varies, reflecting social, cultural, and economic factors within each state.

Q2: Analyze the challenges faced by states in implementing Prohibition laws and suggest measures to address them.

Answer: Implementing Prohibition laws in India presents several challenges, including the illegal trade of alcohol, loss of significant government revenue from alcohol taxes, enforcement difficulties, and potential rise in black-market activities. Social and cultural acceptance of alcohol consumption in various regions also poses hurdles. To address these challenges, states can strengthen enforcement mechanisms, promote awareness about the social and health benefits of Prohibition, collaborate with community organizations, and provide alternative livelihood opportunities to those affected by the ban. Measures such as effective monitoring, strict penalties, and rehabilitation programs can further support the successful implementation of Prohibition laws.

Q3: Evaluate the social and economic impact of Prohibition on Indian states that have implemented it.

Answer: The social and economic impact of Prohibition varies across Indian states. On the positive side, Prohibition can lead to reduced alcohol consumption, lower rates of domestic violence, improved public health, and enhanced productivity. However, it also poses economic challenges, including loss of revenue from alcohol taxes, increased enforcement costs, and the potential for a thriving illegal liquor trade. Socially, Prohibition may face resistance in communities with a cultural acceptance of alcohol consumption. Balancing these impacts requires comprehensive policies that address both the benefits and drawbacks, including public awareness campaigns, alternative revenue generation, and effective enforcement to combat illicit trade.

Previous Year Questions on Prohibition 

1. UPSC CSE 2020

Question: Evaluate the effectiveness of Prohibition as a policy for promoting public health and social welfare in India.

Answer: Prohibition, as a policy, aims to promote public health and social welfare by reducing alcohol consumption and its related social issues, such as domestic violence, health problems, and accidents. States like Gujarat and Bihar have implemented Prohibition with varying degrees of success. While Prohibition can lead to a decrease in alcohol-related health issues, it also poses challenges like illegal liquor trade, loss of government revenue, and difficulties in enforcement. Effective implementation requires a comprehensive approach, including public awareness campaigns, strong enforcement mechanisms, and rehabilitation programs for affected individuals. Balancing public health objectives with economic and social considerations is crucial for the policy's success.

2. UPSC CSE 2019

Question: Discuss the challenges of implementing Prohibition laws in India and their impact on society and economy.

Answer: Implementing Prohibition laws in India faces challenges such as the illegal trade and smuggling of alcohol, loss of substantial tax revenue for the state, and enforcement difficulties due to social acceptance of alcohol in certain areas. Economically, the ban on alcohol can impact businesses, tourism, and employment linked to the liquor industry. Socially, it can reduce alcohol-related violence, health issues, and crime, but also lead to the proliferation of unsafe, illegal liquor. Effective implementation of Prohibition laws requires strong enforcement, public education, alternative revenue streams for the state, and rehabilitation programs to mitigate adverse socio-economic impacts.

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