Which writ is issued by a higher court, such as a High Court or the Supreme Court, to stop a lower court or tribunal from proceeding with a case that is beyond its jurisdiction?

Difficulty: Medium

Correct Answer: Prohibition

Explanation:


Introduction / Context:
The Constitution of India empowers the Supreme Court and High Courts to issue several types of writs. Each writ has a specific purpose. This question deals with the situation where a lower court or tribunal is about to act beyond its jurisdiction and a higher court has to stop it from proceeding further. Knowing the distinct functions of each writ is vital for mastering fundamental rights remedies.


Given Data / Assumptions:

  • A lower court or tribunal is proceeding with a case.
  • The case is beyond that body jurisdiction or is being handled in an unauthorised manner.
  • A higher court, like a High Court or the Supreme Court, intervenes to stop those proceedings.
  • We must identify which writ name fits this description.


Concept / Approach:
Two writs are often discussed together in this context: prohibition and certiorari. Prohibition is preventive and operates before a decision is delivered. It commands the lower court to refrain from continuing proceedings. Certiorari is corrective and operates after a decision is delivered. It can quash the order of a lower court that acted without jurisdiction. The question clearly describes a preventive situation, where the higher court stops the lower body from proceeding. That is the classic function of the writ of prohibition.


Step-by-Step Solution:
Step 1: Identify from the stem that the lower court is being stopped from proceeding with a case. Step 2: Recall that prohibition is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction. Step 3: Distinguish this from certiorari, which usually comes into play after the lower court has already given an order which can then be quashed. Step 4: Confirm that none of the other writs, such as habeas corpus or mandamus, match the specific description given in the question. Step 5: Conclude that the correct writ is prohibition.


Verification / Alternative check:
A helpful memory aid is to associate prohibition with the idea of prohibit, that is to stop in advance. In contrast, certiorari is associated with correction or quashing of an order that has already been passed. If the question scenario is forward looking and preventive, prohibition is usually the answer. If the scenario concerns setting aside a completed decision, certiorari is more appropriate.


Why Other Options Are Wrong:

  • Habeas Corpus: This writ is used to secure the release of a person who is unlawfully detained and is not focused on jurisdictional errors of courts in civil or administrative matters.
  • Mandamus: This writ commands a public authority or inferior court to perform a duty that it has failed to perform. It does not primarily function to stop a court from exceeding its jurisdiction.
  • Quo Warranto: This writ challenges the legal authority of a person holding a public office. It is not used to control the proceedings of a court in a particular case.
  • Certiorari: As explained, this writ is usually issued to quash an order of a lower court that has already been passed without or in excess of jurisdiction, rather than to stop a proceeding before the order is made.


Common Pitfalls:
The biggest pitfall is confusion between prohibition and certiorari, since both deal with jurisdiction of courts and tribunals. Another error is to forget that habeas corpus is focused on personal liberty, not on jurisdictional boundaries. To avoid mixing them up, always ask whether the question describes stopping a future act or correcting a past one. Prohibition stops future proceedings, while certiorari corrects or quashes done acts.


Final Answer:
The writ used to stop a lower court or tribunal from proceeding with a case beyond its jurisdiction is Prohibition.

More Questions from Indian Politics

Discussion & Comments

No comments yet. Be the first to comment!
Join Discussion