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Q55 (CDS-II/2012) Polity & Governance › Judiciary › Judicial process basics Answer Verified

The writ of ‘Prohibition’ is issued by a superior court

Result
Your answer:  ·  Correct: A
Explanation

The writ of Prohibition is a judicial order issued by a superior court (Supreme Court or High Court) to an inferior court or tribunal [1]. Its primary purpose is to prevent the lower body from exceeding its jurisdiction, usurping authority it does not possess, or acting in violation of the principles of natural justice. Unlike Certiorari, which is curative and issued after a decision to quash an order, Prohibition is preventive and issued while proceedings are still pending to direct inactivity [3]. Option 2 describes Certiorari, which involves transferring records for review [1]. Option 3 refers to Quo Warranto, which inquires into the authority of a person holding public office [3]. Option 4 describes Habeas Corpus, used to produce an illegally detained person [1]. Thus, Prohibition specifically restrains a judge or tribunal from continuing proceedings that are ultra vires or legally improper [1].

Sources

  1. [1] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > RIGHT TO CONSTITUTIONAL REMEDIES > p. 41
  2. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Scope of the Writs: I. Habeas corpus. > p. 158
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