Question Details

Which writ is issued by a high court or supreme court when a lower court has considered a case going beyond its jurisdiction?

Options

A

Certiorari

B

Quo Warrant

C

Habeas Corpus

D

Prohibition

Show Answer

Correct Answer :

Option D

Prohibition

Prohibition

Solution :

The correct option is Prohibition.

To understand why this is the correct writ, let's break down the concepts of writs in Indian law and distinguish between the different options provided:

1. What is a Writ?
A writ is a formal written order issued by a higher court (the Supreme Court under Article 32 or a High Court under Article 226 of the Constitution of India) directing an authority, office, or lower court to act or abstain from acting in a certain way.

2. Analyzing the Options:
Let's review the five types of writs commonly recognized, specifically looking at the four options provided in the question:
Habeas Corpus: Literally means "to have the body of". It is issued to produce a person who has been detained or imprisoned, to examine whether the detention is lawful. It is not related to judicial jurisdictions.
Quo Warranto: Literally means "by what authority". It is issued to prevent illegal usurpation of a public office by a person. It is not directed at lower courts.
Certiorari: Meaning "to be certified". This writ is issued to quash the order already passed by a lower court, tribunal, or quasi-judicial authority when they have acted without or in excess of jurisdiction.
Prohibition: Literally meaning "to forbid". This writ is issued by a higher court to a lower court, tribunal, or quasi-judicial body to prevent or prohibit it from continuing the proceedings in a case where it has exceeded its jurisdiction or acted contrary to the rules of natural justice.

3. Key Difference between Prohibition and Certiorari:
Both writs are judicial in nature and deal with jurisdictional errors, but they are issued at different stages of the trial:
Prohibition is preventive. It is issued while the case is still pending or being considered by the lower court, in order to stop it from proceeding further beyond its jurisdiction.
Certiorari is curative. It is issued after the lower court has already decided the case or passed an order, in order to quash that order.

Since the question asks for the writ issued when a lower court has considered (is currently entertaining or proceeding with) a case going beyond its jurisdiction, the writ of Prohibition is issued to forbid it from continuing the proceedings.

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