Which of the following writs is issued by a higher court to quash the order of a lower Court or Tribunal?

Introduction / Context:
The Constitution of India empowers higher courts to issue various writs to protect fundamental rights and ensure legality in administrative and judicial actions. The names of these writs are borrowed from English law and each writ has a specific purpose. This question tests whether the learner can identify which writ is used to quash an order of a lower Court or Tribunal when that order has been passed without jurisdiction or in violation of law.

Given Data / Assumptions:

• The writs listed are Mandamus, Prohibition, Quo Warranto and Certiorari.
• The question specifically mentions quashing the order of a Court or Tribunal.
• We assume basic knowledge of constitutional law and the jurisdiction of higher courts like the Supreme Court and High Courts.

Concept / Approach:
Each writ serves a different function. Mandamus is a command to perform a public duty. Prohibition is issued to prevent a lower court from continuing proceedings in excess of its jurisdiction. Quo Warranto challenges a person right to hold a public office. Certiorari is issued to quash orders of inferior courts or tribunals when they act without jurisdiction, in excess of jurisdiction, or in violation of natural justice. Since the question asks about quashing an order, we match this to the writ of Certiorari.

Step-by-Step Solution:
Step 1: Recall that Mandamus literally means we command and is used to direct a public authority to perform a duty it is legally bound to perform. It is not primarily used to quash judicial orders. Step 2: Remember that Prohibition is a writ issued by a higher court to a lower court or tribunal to stop it from proceeding with a case when it is acting beyond its jurisdiction. It is preventive rather than corrective. Step 3: Recall that Quo Warranto is issued to ask by what authority a person holds a public office and can be used to restrain a person from acting in an office to which they are not legally entitled. Step 4: Certiorari is a writ issued by a higher court to an inferior court or tribunal to transfer a case or to quash its order when it has acted without jurisdiction, in excess of jurisdiction or in violation of principles of natural justice. Step 5: Since the question asks specifically about quashing the order of a Court or Tribunal, the writ that best fits is Certiorari.

Verification / Alternative check:
A simple mnemonic is that Prohibition stops a lower court from proceeding, while Certiorari corrects or quashes what has already been done. Learners can remember the sequence as Prohibition for preventing future illegality and Certiorari for curing past illegality by quashing orders. This distinction, found in standard polity textbooks, confirms that Certiorari is the correct writ when the focus is on quashing an order already made.

Why Other Options Are Wrong:

• Mandamus directs performance of duty and does not primarily serve to quash judicial orders.
• Prohibition is preventive and restrains further proceedings, but does not quash an order already passed.
• Quo Warranto deals with the validity of a person claim to hold a public office, not with the correctness of a court order.

Common Pitfalls:
Candidates often confuse Prohibition and Certiorari because both involve higher courts controlling lower courts. The key difference is timing and effect. Prohibition stops proceedings before a final order is passed, while Certiorari removes or nullifies an order already made. Another pitfall is ignoring the Latin meaning and precise legal description of each writ, which can lead to random guessing. Careful reading of standard constitutional law summaries resolves this confusion.

Final Answer:
Certiorari