As per the Constitution of India, the Writ of Prohibition relates to an order: 1. issued against judicial and quasi-judicial authority. 2. to prohibit an inferior Court from proceeding in a particular case where it has no jurisdiction to try. 3. to restrain a person from holding a public office to which he is not entitled. Select the correct answer using the code given below.
1 and 2 only
Understanding the Writ of Prohibition under the Indian Constitution
The Constitution of India grants the Supreme Court (under Article 32) and the High Courts (under Article 226) the power to issue various types of writs for the enforcement of fundamental rights and other legal rights. One such important writ is the Writ of Prohibition. Let's analyze the given statements concerning the Writ of Prohibition.
Analyzing the Statements on Writ of Prohibition
We need to examine each statement carefully to determine its accuracy regarding the Writ of Prohibition.
Statement 1: issued against judicial and quasi-judicial authority.
- The Writ of Prohibition is a preventive writ.
- It is typically issued by a higher court to a lower court or tribunal.
- The authority must be exercising judicial or quasi-judicial functions.
- Authorities purely exercising administrative or legislative functions are generally not subject to this writ.
- Therefore, this statement accurately describes against whom the Writ of Prohibition can be issued.
Statement 2: to prohibit an inferior Court from proceeding in a particular case where it has no jurisdiction to try.
- The primary purpose of the Writ of Prohibition is to prevent a lower court, tribunal, or quasi-judicial body from exceeding its jurisdiction or acting without jurisdiction.
- It is issued *before* the inferior authority has made a final decision, hence it is preventive.
- The writ orders the inferior authority to stop proceedings in the case because it lacks the legal power (jurisdiction) to handle it.
- This statement correctly describes a key function and purpose of the Writ of Prohibition.
Statement 3: to restrain a person from holding a public office to which he is not entitled.
- This statement describes the function of a different writ, known as the Writ of Quo Warranto.
- The Writ of Quo Warranto is issued to inquire into the legality of a person's claim to a public office and to prevent a person who is not legally entitled from holding that office.
- The Writ of Prohibition is concerned with stopping judicial or quasi-judicial proceedings lacking jurisdiction, not with the right to hold a public office.
- Therefore, this statement does not relate to the Writ of Prohibition.
Conclusion from Statement Analysis
Based on the analysis:
- Statement 1 is correct. The Writ of Prohibition is issued against judicial and quasi-judicial authorities.
- Statement 2 is correct. It prohibits an inferior court from proceeding without jurisdiction.
- Statement 3 is incorrect. It describes the Writ of Quo Warranto.
Thus, the correct statements are 1 and 2.
Matching with Options
We need to find the option that includes only statements 1 and 2.
- Option 1: 1 and 2 only - This matches our conclusion.
- Option 2: 2 and 3 only - Statement 3 is incorrect.
- Option 3: 1 only - Statement 2 is also correct.
- Option 4: 1, 2 and 3 - Statement 3 is incorrect.
Therefore, the correct option is 1.
The Writ of Prohibition is a crucial tool in the Indian judicial system to maintain the boundaries of jurisdiction among different courts and tribunals, ensuring that they do not exceed their legal authority.
| Feature | Writ of Prohibition | Writ of Quo Warranto |
|---|---|---|
| Purpose | Preventive; stops proceedings exceeding jurisdiction | Corrective; questions legality of holding public office |
| Issued Against | Judicial & quasi-judicial bodies | Person holding a public office |
| Timing | Issued before completion of proceedings | Issued after the person has assumed office |
| Relates to | Jurisdiction of courts/tribunals | Legality of claim to a public office |
Revision Table: Key Aspects of Writ of Prohibition
| Aspect | Description |
|---|---|
| Nature | Preventive Writ |
| Issuing Authority | Supreme Court (Art. 32), High Courts (Art. 226) |
| Issued Against | Inferior Courts, Tribunals, Quasi-Judicial Authorities |
| Grounds | Lack of jurisdiction, Excess of jurisdiction |
| When Issued | During the pendency of proceedings |
Additional Information on Writs in India
Besides the Writ of Prohibition and Quo Warranto, the Constitution of India provides for three other important writs:
- Habeas Corpus: Means "to have the body of". Issued to produce a person who has been detained or imprisoned before the court, and to release them if their detention is found illegal.
- Mandamus: Means "We command". Issued by a superior court to a public official or body to perform a public duty that they have refused to perform. It can also be issued against a corporation, an inferior court, or a government.
- Certiorari: Means "to be certified" or "to be informed". Issued by a higher court to an inferior court or tribunal to transfer a case or record of proceedings for review, or to quash an order made by the inferior court or tribunal if it acted without jurisdiction or in violation of natural justice. Unlike Prohibition (preventive), Certiorari is both preventive and curative.
These writs are powerful instruments for protecting the rights of citizens and ensuring that governmental and judicial authorities act within the bounds of the law and the Constitution.
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